Common use of Non-Compete Clause in Contracts

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 16 contracts

Samples: Director Agreement (China TransInfo Technology Corp.), China Ritar Power Corp., Nutrastar International Inc.

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 14 contracts

Samples: Independent Director Agreement (BTHC Viii Inc), Director Agreement (Leatt Corp), Independent Director Agreement (China Valves Technology, Inc)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 11 contracts

Samples: Independent Director Agreement (Terra Tech Corp.), Independent Director Agreement (Terra Tech Corp.), Independent Director Agreement (Longhai Steel Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the "Restricted Period "), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the "Company ’s 's Business ") for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 9 contracts

Samples: Director Agreement (Islet Sciences, Inc), Director Agreement (Southern Usa Resources Inc.), Director Agreement (Islet Sciences, Inc)

Non-Compete. During the term period of this Agreement Executive’s employment and for a period of twelve one ( 12 1) months year following the Director termination of this Agreement and Executive’s removal or resignation from the Board of Directors of the Company or employment for any of its subsidiaries or affiliates reason (the “Restricted Period”), the Director shall not, Executive will not directly or indirectly, (i) on his behalf, or as a partner, officer, director, trustee, member, employee, or otherwise, within the United States or in any manner whatsoever foreign market in which Executive was engaged in activities on behalf of the Company or any of its subsidiaries, own, engage in or participate in, in any capacity way, any business that is similar to or competitive with any actual or planned business competitive with the Company’s current lines of business or any business then activity engaged in or planned by the Company, Company or any of its subsidiaries or any at the time the employment under this Agreement was terminated. However, this Agreement shall not prohibit ownership by Executive of its affiliates ( up to 2% of the “Company’s Business”) for the Director’s own benefit or for the benefit shares of stock of any person or entity other than corporation the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) stock of the outstanding securities of any person or entity which is listed on any a national securities exchange or regularly is traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates market.

Appears in 8 contracts

Samples: Employment Agreement (Plato Learning Inc), Employment Agreement (Plato Learning Inc), Employment Agreement (Plato Learning Inc)

Non-Compete. During The Director agrees that during the term of this Agreement Directorship Term and for a period of twelve three ( 12 3) months following the Director’s removal or resignation from the Board of Directors of the Company or years thereafter, he shall not in any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not manner, directly or indirectly, through any person, firm or corporation, alone or as a member of a partnership or as an officer, director, stockholder, investor or employee of or consultant to any other corporation or enterprise; engage in the business of developing, marketing, selling or supporting technology to or for businesses in which the Company engages in or in which the Company has an actual intention, as evidenced by the Company’s written business plans, to engage in, within any geographic area in which the Company is then conducting such business. Nothing in this Section 6 shall prohibit the Director from being (i) a stockholder in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business a mutual fund or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; a diversified investment company or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, a passive owner of not more than one three percent (1%) of the outstanding stock of any class of securities of any person or entity a corporation, which is listed on any national securities exchange or regularly traded are publicly traded, so long as the Director has no active participation in the over-the-counter market notwithstanding the fact that business of such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates corporation.

Appears in 8 contracts

Samples: Independent Director Agreement (Greenpro Capital Corp.), Independent Director Agreement (Greenpro Capital Corp.), Independent Director Agreement (Greenpro Capital Corp.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 7 contracts

Samples: Independent Director Agreement (China Biologic Products, Inc.), Independent Director Agreement (China Biologic Products, Inc.), Amended and Restated Director Agreement (China Biologic Products, Inc.)

Non-Compete. During The Director agrees that during the term of this Agreement Directorship Term and for a period of twelve two ( 12 2) months following the Director’s removal or resignation from the Board of Directors of the Company or years thereafter, he shall not in any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not manner, directly or indirectly, through any person, firm or corporation, alone or as a member of a partnership or as an officer, director, stockholder, investor or employee of or consultant to any other corporation or enterprise; engage in the business of developing, marketing, selling or supporting technology to or for businesses in which the Company engages in or in which the Company has an actual intention, as evidenced by the Company's written business plans, to engage in, within any geographic area in which the Company is then conducting such business. Nothing in this Section 6 shall prohibit the Director from being (i) a stockholder in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business a mutual fund or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; a diversified investment company or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, a passive owner of not more than one three percent (1%) of the outstanding stock of any class of securities of any person or entity a corporation, which is listed on any national securities exchange or regularly traded are publicly traded, so long as the Director has no active participation in the over-the-counter market notwithstanding the fact that business of such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates corporation.

Appears in 7 contracts

Samples: Independent Director Agreement (Usio, Inc.), Independent Director Agreement (Payment Data Systems Inc), Independent Director Agreement (Payment Data Systems Inc)

Non-Compete. During Without the term consent in writing of this Agreement the Board, Executive will not, at any time during employment with the Company and for a period of twelve two and one-half ( 12 2.5) months years following the Director termination of Executive’s removal or resignation from the Board of Directors of the Company or employment for any of its subsidiaries or affiliates reason ( the “Restricted Period” except as stated below), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business management or any business then engaged in by the Company control of, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest serve as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, an employee, consultant, agent agent, proprietor, principal, partner, major shareholder, corporate officer or otherwise in director of, any person, firm, corporation or business competitive (collectively, as “Competing Entity”) that directly and substantially competes with the products and services of the Company ’s Business; provided . For purposes of this Agreement, however, a Competing Entity is limited to an entity that derives a significant amount or percentage of its total annual revenue from the sale of virtual product development software and related services and competes in one or more of the same geographic markets as the Company. It is agreed that the Director may hold, directly or indirectly, solely as an investment, ownership of not more than one two percent ( 1 2%) of the outstanding equity securities of any person or entity which is company having securities listed on any national securities an exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive shall not, of itself, be deemed inconsistent with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates this Section 7.

Appears in 7 contracts

Samples: Severance Compensation Agreement (MSC Software Corp), Severance Compensation Agreement (MSC Software Corp), Severance Compensation Agreement (MSC Software Corp)

Non-Compete. During The Director agrees that during the term of this Agreement Directorship Term and for a period of twelve one ( 12 1) months following the Director’s removal or resignation from the Board of Directors of the Company or year thereafter, he shall not in any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not manner, directly or indirectly, through any person, firm or corporation, alone or as a member of a partnership or as an officer, director, stockholder, investor or employee of or consultant to any other corporation or enterprise; engage in the business of developing, marketing, selling or supporting technology to or for businesses in which the Company engages in or in which the Company has an actual intention, as evidenced by the Company's written business plans, to engage in, within any geographic area in which the Company is then conducting such business. Nothing in this Section 6 shall prohibit the Director from being (i) a stockholder in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business a mutual fund or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; a diversified investment company or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, a passive owner of not more than one three percent (1%) of the outstanding stock of any class of securities of any person or entity a corporation, which is listed on any national securities exchange or regularly traded are publicly traded, so long as the Director has no active participation in the over-the-counter market notwithstanding the fact that business of such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates corporation.

Appears in 5 contracts

Samples: Independent Director Agreement (Marijuana Co of America, Inc.), Independent Director Agreement (Marijuana Co of America, Inc.), Independent Director Agreement (Marijuana Co of America, Inc.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months one year following the Director Executive’s removal or resignation from the Board termination of Directors of employment with the Company pursuant to Section 4.3 (Termination for Cause), resignation by the Executive other than for Good Reason or any of its subsidiaries or affiliates in the event the Executive elects not to renew this Agreement pursuant to Section 2 (the “Restricted Period”), the Director Executive shall not, directly or indirectly in the People’s Republic of China (including all Special Administrative Regions thereof), (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Current Lines of Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Current Lines of Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company ’s 's Current Lines of Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 4 contracts

Samples: Employment Agreement (You on Demand Holdings, Inc.), Employment Agreement (You on Demand Holdings, Inc.), Employment Agreement (You on Demand Holdings, Inc.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the "Restricted Period "), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s 's current lines of business or any business then engaged in by the Company, any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the "Company ’s 's Business ") for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 4 contracts

Samples: Wonder Auto Technology, Inc, Sutor Technology, Sutor Technology

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months one year following the Director Executive’s removal or resignation from the Board termination of Directors of employment with the Company or for any of its subsidiaries or affiliates reason (the “Restricted Period”), the Director Executive shall not, directly or indirectly in the People’s Republic of China (including all Special Administrative Regions thereof), (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Current Lines of Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Current Lines of Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company ’s 's Current Lines of Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 3 contracts

Samples: Employment Agreement (You on Demand Holdings, Inc.), Employment Agreement (You on Demand Holdings, Inc.), Employment Agreement (You on Demand Holdings, Inc.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) six months following the Director’s removal or resignation from the Board of Directors termination of the Executive's employment with the Company or any of its subsidiaries or affiliates (or, if longer, for the Severance Period (the “Restricted Period”), the Director Executive shall not, directly or indirectly in the People’s Republic of China (including all Special Administrative Regions thereof), (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Current Lines of Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Current Lines of Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company ’s 's Current Lines of Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 3 contracts

Samples: Employment Agreement (China Broadband Inc), Employment Agreement (China Broadband Inc), Employment Agreement (China Broadband Inc)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director termination of Executive’s removal or resignation from the Board of Directors of employment with the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines of business or any business then engaged in by the Company , any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any such subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director Executive shall not develop any property or invention for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 3 contracts

Samples: Executive Employment Agreement (China Precision Steel, Inc.), Executive Employment Agreement (China Precision Steel, Inc.), Executive Employment Agreement (China Precision Steel, Inc.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) twenty-four months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the "Restricted Period "), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s 's current lines of business or any business then engaged in by the Company, any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the "Company ’s 's Business ") for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates. Affiliates

Appears in 3 contracts

Samples: Thorium Power, LTD, Thorium Power, LTD, Novastar Resources Ltd.

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board termination of Directors of the Company or any of its subsidiaries or affiliates this agreement (the “Restricted Period”), the Director shall not, directly or indirectly, ( i a) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or ( ii b) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 3 contracts

Samples: Sutor Technology Group LTD, Sutor Technology Group LTD, Sutor Technology Group LTD

Non-Compete. During The Director agrees that during the term of this Agreement Directorship Term and for a period of twelve three ( 12 3) months following the Director’s removal or resignation from the Board of Directors of the Company or years thereafter, he shall not in any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not manner, directly or indirectly, through any person, firm or corporation, alone or as a member of a partnership or as an officer, director, stockholder, investor or employee of or consultant to any other corporation or enterprise; engage in the business of developing, marketing, selling or supporting technology to or for businesses in which the Company engages in or in which the Company has an actual intention, as evidenced by the Company's written business plans, to engage in, within any geographic area in which the Company is then conducting such business. Nothing in this Section 6 shall prohibit the Director from being (i) a stockholder in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business a mutual fund or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; a diversified investment company or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, a passive owner of not more than one three percent (1%) of the outstanding stock of any class of securities of any person or entity a corporation, which is listed on any national securities exchange or regularly traded are publicly traded, so long as the Director has no active participation in the over-the-counter market notwithstanding the fact that business of such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates corporation.

Appears in 3 contracts

Samples: Independent Director Agreement (Divine Skin Inc.), Executive Director Agreement (Key Link Assets Corp.), Executive Director Agreement (Key Link Assets Corp.)

Non-Compete. During The Director agrees that during the term of this Agreement Directorship Term and for a period of twelve three ( 12 3) months following the Director’s removal or resignation from the Board of Directors of the Company or years thereafter, he shall not in any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not manner, directly or indirectly, through any person, firm or corporation, alone or as a member of a partnership or as an officer, director, stockholder, investor or employee of or consultant to any other corporation or enterprise; engage in the business of developing, marketing, selling or supporting technology to or for businesses in which the Company engages in or in which the Company has an actual intention, as evidenced by the Company’s written business plans, to engage in, within any geographic area in which the Company is then conducting such business. Nothing in this Section 6 shall prohibit the Director from being: (i) a stockholder in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business a mutual fund or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate a diversified investment company; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, a passive owner of not more than one three percent ( 1 3%) of the outstanding stock of any class of securities of any person or entity a corporation, which is listed on any national securities exchange or regularly traded are publicly traded, so long as the Director has no active participation in the over-the-counter market notwithstanding the fact that business of such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates corporation.

Appears in 3 contracts

Samples: Independent Director Agreement (Apria, Inc.), Independent Director Agreement (Apria, Inc.), Independent Director Agreement (Apria, Inc.)

Non-Compete. During the term of this Agreement Executive’s employment by the Company and for a period of twelve (12) months following the Director’s removal or resignation from the Board Executive’s date of Directors termination, the Executive shall not, except with the prior written consent of the Company, directly or indirectly, compete with the business of the Company by becoming an officer, agent, employee, consultant, partner or director of any other corporation, partnership or other entity, or otherwise rendering services to or assisting or holding an interest (except a passive investment interest as a less than three percent (3%) shareholder of a publicly-traded corporation or as a less than five percent (5%) shareholder of a corporation that is not publicly traded) in any Competitive Business (as defined below). “Competitive Business” shall mean any person or entity (including any joint venture, partnership, firm, corporation, or limited liability company) that engages in any principal or significant business of the Company or any of its subsidiaries or affiliates as of the date the Executive’s employment terminates ( the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any material or significant business then engaged in by which the Company, Board has approved the Company to pursue as of the date of termination and that the Company or any of its subsidiaries or any of its affiliates enter into during the following twelve ( the “Company’s Business” 12) for the Director’s own benefit or for the benefit months) within one hundred (100) miles of any person or entity other than principal business location of the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates subsidiaries.

Appears in 2 contracts

Samples: Employment Agreement (Trump Entertainment Resorts, Inc.), Employment Agreement (Trump Entertainment Resorts, Inc.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months one year following the Director Employee’s removal or resignation from the Board termination of Directors of employment with the Company or for any of its subsidiaries or affiliates reason (the “Restricted Period”), the Director Employee shall not, directly or indirectly in the People’s Republic of China (including all Special Administrative Regions thereof) and the United States, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director’s Employee's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Current Lines of Business; provided, however, that the Director Employee may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Current Lines of Business. In addition, during the Restricted Period, the Director Employee shall not develop any property for use in the Company ’s 's Current Lines of Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 2 contracts

Samples: Employment Agreement (Seven Stars Cloud Group, Inc.), Employment Agreement (Seven Stars Cloud Group, Inc.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months one year following the Director’s removal or resignation from termination of the Board of Directors of Executive's employment with the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (or, if longer, for the Severance Period) (the “Restricted Period”), the Director Executive shall not , in those states in the United States of America in which either the Company or any of its Subsidiaries or Affiliates then operates a retail store in the Company’s Current Lines of Business, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business Business or any business then engaged in by the Company, any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the “Company ’s 's Business”) for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. For the avoidance of doubt, a business will only be deemed to be competitive with the Company’s Current Lines of Business if such business operates retail and/or ecommerce sites that sell products that overlap by more than 15% with the products then offered for sale by the Company. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 2 contracts

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

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director termination of the Executive’s removal or resignation from the Board of Directors of employment with the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the “Restricted Period”), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines of business or any business then engaged in by the Company , any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the “Company’s Business”) for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director Executive shall not develop any property or invention for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 2 contracts

Samples: Employment Agreement (Thorium Power, LTD), Employment Agreement (Thorium Power, LTD)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates Severance Period (the “Restricted Period”), the Director Executive shall not , in those states in the United States of America in which either the Company or any of its Subsidiaries or affiliates then operates within the Company’s Current Lines of Business, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business that is competitive with the Company’s current lines Current Lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with that operates within the Company’s Current Lines of Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Current Lines of Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company’s Current Lines of Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates.

Appears in 2 contracts

Samples: Employment Agreement (1847 Goedeker Inc.), Employment Agreement (1847 Goedeker Inc.)

Non-Compete. During the term of this Agreement the Shareholder's employment with the Buyer as successor in interest to the business of the Sellers or with any affiliate of the Buyer, and for a period of twelve (12) months five years following the Director’s removal termination (whether for cause or resignation from the Board of Directors otherwise) of the Company Shareholder's employment with the Buyer or any of its subsidiaries or affiliates (the “Restricted Period” "RESTRICTED PERIOD"), the Director Shareholder shall not not in the United States of America or in any foreign country, directly or indirectly, (i) engage in any manner whatsoever the Company Business for the Shareholder's own account; (ii) engage in any capacity with business that constitutes part of the Buyer's, or any affiliate of the Buyer for which the Shareholder has significant management responsibility, business competitive at the time of the termination of such Shareholder's employment with the Company’s current lines of business Buyer; (iii) enter the employ of, or render any business then services to, any person engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate such activities; or ( ii iv) have become interested in any interest such person as owner, sole proprietor, stockholder an individual, partner, lender shareholder, officer, director, officer principal, manager agent, employee, consultant trustee, agent consultant or otherwise in any business competitive with other relationship or capacity; PROVIDED, HOWEVER, the Company’s Business; provided, however, that the Director Shareholder may hold own, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed are traded on any national securities exchange if the Shareholder (a) is not an officer, director, consultant, employee or regularly traded in the over-the-counter market notwithstanding the fact that a controlling person of, or a member of a group which controls, such person or entity is engaged in a business competitive with the Company’s Business. In addition (b) does not, during the Restricted Period directly or indirectly, the Director shall not develop any property for use in the Company’s Business on behalf own 5% or more of any person or entity other than the Company, its subsidiaries and affiliates class of securities of such person.

Appears in 2 contracts

Samples: Amended and Restated Asset Purchase Agreement (TMF Liquidating Trust), Hotel Reservations Network Inc

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that (x) this Clause 6 shall not be deemed to prohibit any investment activities of Warburg Pincus LLC and its affiliated funds and the Director’s activities in connection therewith, provided further that the Director cannot act as a director in any company engaging in business similar to or competing with the Company’s Business without the Company’s written consent, and (y) the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business . In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates .

Appears in 2 contracts

Samples: Director Agreement (China Biologic Products, Inc.), Director Agreement (China Biologic Products, Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) 6 months following the Director ’s 's removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s 's current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director ’s 's own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 2 contracts

Samples: Independent Director Agreement (Home System), Independent Director Agreement (Home System)

Non-Compete. During the term of this Agreement and for a period of twelve six ( 12 6) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 2 contracts

Samples: Nutrastar International Inc., Nutrastar International Inc.

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 2 contracts

Samples: Independent Director Agreement (Terra Tech Corp.), Independent Director Agreement (Terra Tech Corp.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director CFO’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director CFO shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director CFO’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director CFO may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 2 contracts

Samples: Officer Employment Agreement (China Information Technology, Inc.), Officer Employment Agreement (China Information Security Technology, Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, ( i a) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or ( ii b) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 2 contracts

Samples: Golden Elephant Glass Technology, Inc., Golden Elephant Glass Technology, Inc.

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business ; provided further, however, that none of his duties with Rosendin or its affiliates shall constitute competition with the Company. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 2 contracts

Samples: Jupiter Wellness, Inc., Jupiter Wellness, Inc.

Non-Compete. During the term of this Agreement and for a period Agreement, Executive shall not in the United States of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not America, directly or indirectly, indirectly (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Company Business for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; its Subsidiaries, or (ii) have any interest Material Financial Interest as owner, sole proprietor, stockholder shareholder, partner , lender , director, officer , manager , employee, consultant, agent or otherwise in any business competitive with the Company’s Company Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one five percent ( 1 5%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person market. For purposes of (ii) above, Material Financial Interest is defined as a direct or indirect ownership of greater than five percent (5%) in any entity is engaged in a business competitive with the Company ’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates .

Appears in 2 contracts

Samples: Covenant Not to Compete Agreement (McCormick & Schmick Holdings, L.L.C.), Covenant Not to Compete Agreement (McCormick & Schmick Holdings, L.L.C.)

Non-Compete. Executive acknowledges that by virtue of his position with the Company, he will develop considerable expertise in the business of the Company. During Executive's employment with the term of this Agreement Company and for a period of twelve (12) months 365 days following the Director’s removal date of the Executive's termination of employment for any reason (the "Non-Competition Period"), the Executive shall not directly or resignation from the Board of Directors indirectly engage in, have any equity interest in, or manage or operate any person, firm, corporation, partnership or business (whether as director, officer, employee, agent, representative, partner, security holder, consultant or otherwise) that engages in any business that competes with any telecommunications business of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in entity owned by the Company, any Company anywhere in the State of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; Hawaii provided, however, that the Director may hold, directly Executive shall be permitted to acquire a passive stock or indirectly, solely as an investment, equity interest in such a business provided the stock or other equity interest acquired is not more than one five percent ( 1 5%) of the outstanding securities interest in such business. Nothing herein shall prevent the Executive from engaging in any activity with, or holding any financial interest in, a non-competitive division, subsidiary or affiliate of any person or an entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive that competes with the Company’s Business. In addition, during the Restricted Period, the Director shall Company so long as such activities do not develop any property for use in harm the Company ’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates .

Appears in 2 contracts

Samples: Hawaiian Telcom Holdco, Inc., Hawaiian Telcom Holdco, Inc.

Non-Compete. Executive acknowledges that by virtue of his position with the Company, he will develop considerable expertise in the business of the Company. During Executive’s employment with the term of this Agreement Company and for a period of twelve (12) months 365 days following the Director date of the Executive’s removal termination of employment for any reason (the “Non-Competition Period”), the Executive shall not directly or resignation from the Board of Directors indirectly engage in, have any equity interest in, or manage or operate any person, firm, corporation, partnership or business (whether as director, officer, employee, agent, representative, partner, security holder, consultant or otherwise) that engages in any business that competes with any telecommunications business of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in entity owned by the Company, any Company anywhere in the State of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; Hawaii provided, however, that the Director may hold, directly Executive shall be permitted to acquire a passive stock or indirectly, solely as an investment, equity interest in such a business provided the stock or other equity interest acquired is not more than one five percent ( 1 5%) of the outstanding securities interest in such business. Nothing herein shall prevent the Executive from engaging in any activity with, or holding any financial interest in, a non-competitive division, subsidiary or affiliate of any person or an entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive that competes with the Company’s Business. In addition, during the Restricted Period, the Director shall Company so long as such activities do not develop any property for use in harm the Company ’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates .

Appears in 2 contracts

Samples: Employment Agreement (Hawaiian Telcom Communications, Inc.), Hawaiian Telcom Holdco, Inc.

Non-Compete. During Other than performing duties for the term Company and any of this Agreement its affiliates during the Term and for a period of twelve one ( 12 1) months year immediately following Executive’s separation of employment from Company, the Director’s removal Executive shall not compete, directly or resignation from indirectly, with any business then being conducted or developed by the Board Company or any of Directors its affiliates without the prior written consent of the Company and the applicable Board. For purposes of this provision, the term “compete” shall mean the Executive rendering any advice or service, whether in association with or as an employee, stockholder, director, officer, consultant, independent contractor, partner, co-venturer, or investor (excluding any interest of Executive through investment of up to an aggregate of 3% in the equity or debt securities or equivalent partnership or other equity interest of any entity required to register under Section 12(g) of the Securities Exchange Act of 1934) to or on behalf of any organization conducting any business then competitive to that of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 2 contracts

Samples: Employment Agreement (Newmont Mining Corp /De/), Employment Agreement (Newmont Mining Corp /De/)

Non-Compete. During The Director agrees that during the term of this Agreement Directorship Term and for a period of twelve Three ( 12 3) months following the Director’s removal or resignation from the Board of Directors of the Company or years thereafter, he shall not in any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not manner, directly or indirectly, through any person, firm or corporation, alone or as a member of a partnership or as an officer, director, stockholder, investor or employee of or consultant to any other corporation or enterprise; engage in the business of developing, marketing, selling or supporting technology to or for businesses in which the Company engages in or in which the Company has an actual intention, as evidenced by the Company's written business plans, to engage in, within any geographic area in which the Company is then conducting such business. Nothing in this Section 6 shall prohibit the Director from being (i) a stockholder in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business a mutual fund or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; a diversified investment company or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, a passive owner of not more than one three percent (1%) of the outstanding stock of any class of securities of any person or entity a corporation, which is listed on any national securities exchange or regularly traded are publicly traded, so long as the Director has no active participation in the over-the-counter market notwithstanding the fact that business of such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates corporation.

Appears in 2 contracts

Samples: Independent Director Agreement (Divine Skin Inc.), Director Agreement (GH Capital Inc.)

Non-Compete. During the term of this Agreement Employment Term and for a period of twelve one ( 12 1) months following year after Executive ceases to be employed by the Director’s removal Company for any reason, Executive shall not, directly or resignation from indirectly: (i) manage, operate or control, or participate in the Board of Directors of ownership, management, operation or control of, or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent supplier, distributor or otherwise) any business offering products or services that are directly competitive with the products or services offered by the Company or any of its subsidiaries or affiliates during the last six ( 6) months of Executive’s employment with the “Restricted Period”) Company (or, the Director shall not if employed for less than six months, directly or indirectly, (i) in at any manner whatsoever engage in any capacity with any business competitive time during Executive’s employment with the Company ’s current lines of ); or (ii) induce or influence any person that has a business relationship with the Company or any business then engaged in by the Company, any of its subsidiaries or any affiliates with whom Executive had material contact during the last six (6) months of its affiliates (the “Company Executive’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than employment with the Company (or, if employed for less than six months, at any time during Executive’s employment with the Company) to discontinue or any subsidiary reduce the extent of such relationship. For purposes of this Agreement, Executive shall be deemed to be directly or affiliate; or (ii) have any interest indirectly interested in a business if she is engaged in that business as owner, sole proprietor, a stockholder , partner, lender , director, officer, manager executive, employee agent, member, partner, individual proprietor, consultant, agent advisor or otherwise in any business competitive with otherwise, but not if Executive’s interest is limited solely to the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, ownership of not more than one percent (1%) 4.99% of the outstanding securities of any person class of equity securities of a corporation or other entity which is whose shares are listed or admitted to trade on any a national securities exchange or regularly traded in are quoted on the over-the-counter market notwithstanding Over the fact that such person Counter Bulletin Board or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates similar public trading system.

Appears in 1 contract

Samples: Employment Agreement (PARETEUM Corp)

Non-Compete. During the term of this Agreement Employment Term and for a period of twelve six ( 12 6) months following after the Director’s removal Executive ceases to be employed by the Company for any reason, Executive shall not, directly or resignation from indirectly in the Board of Directors of regions where the Company conducts its business: (i) manage, operate or control, or participate in the ownership, management, operation or control of, or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent supplier, distributor or otherwise) any business offering products or services that are directly competitive with the products or services offered by the Company or any of its subsidiaries or affiliates during the last six ( 6) months of Executive’s employment with the “Restricted Period”) Company (or, the Director shall not if employed for less than six months, directly or indirectly, (i) in at any manner whatsoever engage in any capacity with any business competitive time during Executive’s employment with the Company ’s current lines of ); or (ii) induce or influence any person that has a business relationship with the Company or any business then engaged in by the Company, any of its subsidiaries or any affiliates with whom the Executive had material contact during the last six (6) months of its affiliates ( the “Company Executive’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than employment with the Company (or, if employed for less than six months, at any time during Executive’s employment with the Company) to discontinue or any subsidiary reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or affiliate; or (ii) have any interest indirectly interested in a business if he is engaged in that business as owner, sole proprietor, a stockholder , partner, lender , director, officer, manager executive, employee agent, member, partner, individual proprietor, consultant, agent advisor or otherwise in any business competitive with otherwise, but not if Executive’s interest is limited solely to the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, ownership of not more than one percent ( 1 %) % of the outstanding securities of any person class of equity securities of a corporation or other entity which is whose shares are listed or admitted to trade on any a national securities exchange or regularly traded in are quoted on the over-the-counter market notwithstanding Over the fact that such person Counter Bulletin Board or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates similar public trading system.

Appears in 1 contract

Samples: Employment Agreement (Document Security Systems Inc)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months one year following the Director Executive’s removal or resignation from the Board termination of Directors of employment with the Company or for any of its subsidiaries or affiliates reason (the “Restricted Period”), the Director Executive shall not, directly or indirectly in the People’s Republic of China (including all Special Administrative Regions thereof), (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines Current Lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Current Lines of Business; provided, however, that the Director Executive may hold bold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Current Lines of Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company’s Current Lines of Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 1 contract

Samples: Employment Agreement (Seven Stars Cloud Group, Inc.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates one year thereafter (the “Restricted Period”), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Employment Agreement (Apex Farms Corp.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) six months following the Director’s removal or resignation from the Board of Directors termination of the Executive's employment with the Company or any of its subsidiaries or affiliates (or, if longer, for the Severance Period (the “Restricted Period”), the Director Executive shall not, directly or indirectly in the People’s Republic of China (including Hong Kong and all Special Administrative Regions thereof), (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Current Lines of Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Current Lines of Business. In addition , except as stated in the attached Disclosure to this Employment Agreement, during the Restricted Period, the Director Executive shall not develop any property for use in the Company ’s 's Current Lines of Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 1 contract

Samples: Employment Agreement (China Broadband Inc)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the "Restricted Period "), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s 's current lines of business or any business then engaged in by the Company, any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the "Company ’s 's Business ") for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one five percent ( 1 5%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, Company or its subsidiaries and affiliates Subsidiaries.

Appears in 1 contract

Samples: Sutor Technology

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s 's current lines of business or any business then engaged in by the Company, any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 1 contract

Samples: Wonder Auto Technology, Inc

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from termination of the Board of Directors of Executive's employment with the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the "Restricted Period "), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business Business or any business then engaged in by the Company, any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the "Company ’s 's Business ") for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 1 contract

Samples: Employment Agreement (Novastar Resources Ltd.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from termination of the Board of Directors of Executive's employment with the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the "Restricted Period "), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines of business or any business then engaged in by the Company , any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the "Company ’s 's Business ") for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director Executive shall not develop any property or invention for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 1 contract

Samples: Employment Agreement (Novastar Resources Ltd.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) twenty-four months following the Director’s removal or resignation from termination of the Board of Directors of Executive's employment with the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the "Restricted Period "), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business Business or any business then engaged in by the Company, any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the "Company ’s 's Business ") for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 1 contract

Samples: Employment Agreement (Novastar Resources Ltd.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months two years following the Director’s removal or resignation from termination of the Board of Directors of Executive's employment with the Company or any of its subsidiaries Subsidiaries or affiliates Affiliates (the "Restricted Period "), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s current lines 's Current Lines of business Business or any business then engaged in by the Company, any of its subsidiaries Subsidiaries or any of its affiliates Affiliates (the "Company ’s 's Business ") for the Director’s Executive's own benefit or for the benefit of any person or entity other than the Company or any subsidiary Subsidiary or affiliate Affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries Subsidiaries and affiliates Affiliates.

Appears in 1 contract

Samples: Employment Agreement (Novastar Resources Ltd.)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates Severance Period (the “Restricted Period”), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Employment Agreement (Oracle Health, Inc.)

Non-Compete. During the term of this Agreement Term and for a period the Severance Period (the “Restricted Period”), the Executive shall not, in those states in the United States of twelve (12) months following the Director’s removal or resignation from the Board of Directors of America in which either the Company or any of its subsidiaries or affiliates ( then operates a similar business that falls within the “Restricted Period”), scope of the Director shall not Company’s Business, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates . Notwithstanding the foregoing, and solely for the purposes of this Section 6(a)(i), if the Executive’s employment is terminated pursuant to Section 4(d), the Restricted Period shall end upon the date of such termination.

Appears in 1 contract

Samples: Employment Agreement (1847 Goedeker Inc.)

Non-Compete. During the term of this Agreement Term and for a period the Severance Period (the “Restricted Period”), the Executive shall not, in those states in the United States of twelve (12) months following the Director’s removal or resignation from the Board of Directors of America in which either the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not then operates, directly or indirectly, ( i A) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate affiliate of the Company; or ( ii B) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company’s Business business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Employment Agreement (1847 Holdings LLC)

Non-Compete. During the term of this Agreement Term and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates thereafter (the “Restricted Period”), the Director Executive shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business then competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) Business for the Director Executive’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate affiliate of the Company; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business then competitive with the Company’s Business; provided, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director Executive shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Employment Agreement (20/20 GeneSystems, Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation in which Katchuk is receiving any ----------- payments from the Board of Directors of the Company or any of its subsidiaries and for a period of one year thereafter, without the consent of the Company, acting though Thomas Carr, or affiliates ( his successor as Chief Executive Officer of the “Restricted Period”) Company, the Director shall Katchuk will not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with as a stockholder owning beneficially or of record more than five percent of the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit outstanding shares of any person class of stock of any issuer, or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender an officer, director , officer, manager , employee, consultant, agent partner, joint venturer, proprietor or otherwise otherwise, engage in or become interested in (a) office real estate management, leasing, development or construction services in the markets in the United States where the Company is engaged in business or (b) any other service that then is directly or indirectly in competition with the Company or any of its subsidiaries (or any of their successors). During the period in which Katchuk is receiving any payments from the Company or any of its subsidiaries and for a period of two years thereafter, Katchuk shall not, without the prior written consent of the Company, solicit or hire or induce the termination of employment of any employees or other personnel providing services to the Company, or any of its subsidiaries, for any business competitive with the Company’s Business; provided activity, however, that the Director may hold other than a business activity owned or controlled, directly or indirectly, solely as an investment, not more than one percent (1%) by the Company or any of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates subsidiaries.

Appears in 1 contract

Samples: Carramerica Realty Corp

Non-Compete. During the term of this Agreement the Shareholder's employment with the Buyer as successor in interest to the business of the Sellers or with any affiliate of the Buyer, and for a period of twelve (12) months five years following the Director’s removal termination (whether for cause or resignation from the Board of Directors otherwise) of the Company Shareholder's employment with the Buyer or any of its subsidiaries or affiliates (the “Restricted Period” "RESTRICTED PERIOD"), the Director Shareholder shall not not in the United States of America or in any foreign country, directly or indirectly, (i) engage in any manner whatsoever the Company Business for the Shareholder's own account; (ii) engage in any capacity with business that constitutes part of the Buyer's, or any affiliate of the Buyer for which the Shareholder has significant management responsibility, business competitive at the time of the termination of such Shareholder's employment with the Company’s current lines of business Buyer; (iii) enter the employ of, or render any business then services to, any person engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate such activities; or ( ii iv) have become interested in any interest such person as owner, sole proprietor, stockholder an individual, partner, lender shareholder, officer, director, officer principal, manager agent, employee, consultant trustee, agent consultant or otherwise in any business competitive with other relationship or capacity; PROVIDED, HOWEVER, the Company’s Business; provided, however, that the Director Shareholder may hold own, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed are traded on any national securities exchange if the Shareholder (a) is not an officer, director, consultant, employee or regularly traded in the over-the-counter market notwithstanding the fact that a controlling person 63 of, or a member of a group which controls, such person or entity is engaged in a business competitive with the Company’s Business. In addition (b) does not, during the Restricted Period directly or indirectly, the Director shall not develop any property for use in the Company’s Business on behalf own 5% or more of any person or entity other than the Company, its subsidiaries and affiliates class of securities of such person.

Appears in 1 contract

Samples: Amended and Restated Asset Purchase Agreement (Hotel Reservations Network Inc)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that (x) this Clause 6 shall not be deemed to prohibit any investment activities of Warburg Pincus LLC and its affiliated funds and the Director’s activities in connection therewith, provided further that the Director cannot act as a director in any company competing with the Company’s Business without the Company’s written consent, and (y) the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business . In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates .

Appears in 1 contract

Samples: Director Agreement (China Biologic Products, Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) 6 months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Independent Director Agreement (Home System)

Non-Compete. During the term of this Agreement and for a period of twelve six ( 12 6) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates . For purposes of this Agreement, an entity is competitive with the Company’s Business if such entity is or is in the process of becoming a Geography Information Systems (“GIS”) application software and/or services provider. Director is a Certified Public Accountant and a partner in the accounting firm of Trien, Rosenberg, Rosenberg, Weinberg, Ciullo, & Fazzari LLP (The Trien Firm). The Non-Compete restrictions set forth in this Paragraph 6 shall not apply to any professional services performed by the Trien Firm or the Director in his capacity as Certified Public Accountant.

Appears in 1 contract

Samples: China TransInfo Technology Corp.

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director ’s 's removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the "Restricted Period "), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company ’s 's current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the "Company ’s 's Business ") for the Director ’s 's own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company ’s 's Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Independent Director Agreement (Terra Tech Corp.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director CAO’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director CAO shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director CAO’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director CAO may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director CAO shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Officer Employment Agreement (China Information Security Technology, Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director CEO’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director CEO shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director CEO’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director CEO may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director CEO shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Officer Employment Agreement (China Information Security Technology, Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director COO’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director COO shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director COO’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director COO may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director COO shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Officer Employment Agreement (China Information Security Technology, Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director CTO’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director CTO shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director CTO’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director CTO may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director CTO shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Officer Employment Agreement (China Information Security Technology, Inc.)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the "Restricted Period "), the Director shall not, directly or indirectly, ( i a) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the "Company’s Business ") for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or ( ii b) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Golden Elephant Glass Technology, Inc.

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in the People’s Republic of China in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business in the People’s Republic of China competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates . The Company acknowledges that the Director is a Vice President of Carlyle Asia Growth Capital, which regularly invests in businesses in Asia and may invest in businesses that are competitive with the Company’s Business. As such, notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall prohibit The Carlyle Group or its affiliates, including Carlyle Asia Growth Partners IV, L.P. and CAGP IV Co-Investment, L.P., from having any interest as owner, stockholder, partner, lender, director, consultant or otherwise in any business competitive with the Company’s Business.

Appears in 1 contract

Samples: China Agritech Inc

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company ’s 's Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over- over- the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Director Agreement (Leatt Corp)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Director Agreement (Brownie's Marine Group, Inc)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates. affiliates.2

Appears in 1 contract

Samples: Director Agreement (PureBase Corp)

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one (x) five percent ( 1 5%) of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market or (y) three percent of the outstanding securities of any other person or entity, in each case, notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business; provided further, however, that none of the Director’s duties or responsibilities as an officer and director of Beacon Pharmaceutical Jupiter, or any of its affiliates shall constitute competition with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Jupiter Wellness, Inc.

Non-Compete. During the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates thereafter (the "Restricted Period "), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the "Company ’s 's Business ") for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company ’s 's Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one two percent ( 1 2%) of the outstanding securities of any person or entity which is are listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company ’s 's Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Independent Director Agreement (China SLP Filtration Technology, Inc.)

Non-Compete. During the term of this Agreement and for a period one (1) year thereafter (or during the Severance Period in the case of twelve Employee's termination by the Company without cause or by Employee for any cause set forth in Section 5.2), Employee agrees that he shall not ( 12 a) months following engage or be interested in or receive any compensation from any business that competes with or is in the Director’s removal same business as the Company or resignation from its affiliates (affiliates for purposes hereof being defined as any company that owns at least 10% of the voting stock of the Company, or any company in which the Company owns 10% of the voting stock) as then conducted or contemplated pursuant to any plan of management issued or drafted at the request of or on behalf of the Board of Directors or (b) induce or attempt to induce any employee, agent or customer of the Company or any of its subsidiaries affiliates to terminate or affiliates ( reduce the “Restricted Period”) scope of his, the Director shall not, directly her or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive its relationship with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries Company or any of its affiliates ( affiliates. For the “Company’s Business”) for the Director’s own benefit purposes of this Agreement, Employee shall be deemed to be interested in a business if he is engaged or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest interested in that business as owner, sole proprietor, a stockholder , partner, lender , director, officer, manager, employee, consultant salesman, agent sales representative, agent, broker, partner, individual proprietor, lender, consultant or otherwise in any business competitive with otherwise, but not if that interest is limited solely to the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, not more than one ownership of five percent ( 1 5%) or less of any class of the outstanding equity or debt securities of any person or entity which is a corporation whose shares are listed for trading on any a national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person market. Employee shall not, directly or entity indirectly, engage in any other business enterprise, or have an interest, financial or otherwise, in any other business enterprise which interferes or is engaged in a business competitive likely to interfere with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates Employee's employment hereunder.

Appears in 1 contract

Samples: Employment Agreement Between (Network Six Inc)

Non-Compete. Executive acknowledges that by virtue of his position with the Company, he will develop considerable expertise in the business of the Company. During Executive’s employment with the term of this Agreement Company and for a period of twelve (12) months 365 days following the Director date of the Executive’s removal termination of employment for any reason (the “Non-Competition Period”), the Executive shall not directly or resignation from the Board of Directors indirectly engage in, have any equity interest in, or manage or operate any person, firm, corporation, partnership or business (whether as director, officer, employee, agent, representative, partner, security holder, consultant or otherwise) that engages in any business that competes with any telecommunications business of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in entity owned by the Company, any Company anywhere in the State of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than the Company or any subsidiary or affiliate; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; Hawaii provided, however, that the Director may hold, directly Executive shall be permitted to acquire a passive stock or indirectly, solely as an investment, equity interest in such a businessprovided the stock or other equity interest acquired is not more than one five percent ( 1 5%) of the outstanding securities interest in such business. Nothing herein shall prevent the Executive from engaging in any activity with, or holding any financial interest in, a non-competitive division, subsidiary or affiliate of any person or an entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive that competes with the Company’s Business. In addition, during the Restricted Period, the Director shall Company so long as such activities do not develop any property for use in harm the Company ’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates .

Appears in 1 contract

Samples: Hawaiian Telcom Holdco, Inc.

Non-Compete. During Without the term consent in writing of this Agreement the Board of Directors of the Company, during the Period of Employment and for a the period of twelve (12) months following termination of employment for any reason, the Director Executive will not permit the Executive’s removal name to be used by, or resignation from engage in, or carry on, directly or indirectly, either for the Board Executive or as a member of Directors a partnership or as a stockholder, member, manager, investor, officer or director of a corporation, limited liability company or similar entity or as an employee, agent, associate or consultant of any person, partnership, corporation, limited liability company or similar entity, any business in competition with the business carried on by the Company or any of its subsidiaries or affiliates ( within the “Restricted Period”), the Director shall not, directly or indirectly, (i) geographical areas in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines of business or any business then engaged in by the Company, any of its subsidiaries or any of its affiliates (the “Company’s Business”) for the Director’s own benefit or for the benefit of any person or entity other than which the Company or any subsidiary its subsidiaries are conducting their business operations or affiliate; or providing services as of the date of the Executive’s termination of employment ( ii) have any interest as owner a “Competitive Enterprise”). Notwithstanding the preceding sentence, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business; provided, however, that the Director may hold, directly or indirectly, solely as an investment, Executive shall not more be prohibited from owning less than one five percent ( 1 5%) of the outstanding securities equity of any person or entity which is listed on any national securities exchange or regularly publicly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Business. In addition, during the Restricted Period, the Director shall not develop any property for use in the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates entity.

Appears in 1 contract

Samples: Employment Agreement (Merisant Worldwide, Inc.)