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: China Ritar Power Corp (China Ritar Power Corp.), Indemnification Agreement (China Agritech Inc), Indemnification Agreement (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-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), Indemnification Agreement (China Nutrifruit Group LTD), Indemnification Agreement (China Nutrifruit Group 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 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 10 contracts

Samples: Independent Director Agreement (Terra Tech Corp.), Independent Director Agreement (Longhai Steel Inc.), 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: Indemnification Agreement (Southern Usa Resources Inc.), Director Agreement (Islet Sciences, Inc), Director Agreement (Islet Sciences, 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 7 contracts

Samples: Director Agreement (China Biologic Products, Inc.), China Biologic Products (China Biologic Products, Inc.), China Biologic Products (China Biologic Products, 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 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 6 contracts

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

Non-Compete. During Employee hereby covenants and agrees that Employee will not, without the prior written consent of the Company, directly or indirectly, whether individually or through any entity controlled by Employee, during the term of this Agreement and for a period of twelve (12) months following the Director’s removal or resignation 3 years from the Board termination of Directors of the Company or this Agreement, for any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not reason, directly or indirectly, (i) on his own behalf or in any manner whatsoever the service or on behalf of others, whether or not for compensation, engage in any capacity with business activity, or have any business interest in any person, firm, corporation or business, through a subsidiary or parent entity or other entity (whether as a shareholder, agent, joint venturer, security holder, trustee, partner, consultant, creditor lending credit or money for the purpose of establishing or operating any such business, partnership or otherwise) which is competitive with the Company’s current lines then existing business of business or any business then engaged in by the Company . Notwithstanding the foregoing, any Employee may own shares of its subsidiaries competing companies whose securities are publicly traded, so long as such securities do not constitute five percent 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 company.

Appears in 6 contracts

Samples: Employment Agreement (Leisure Time Casinos & Resorts Inc), Employment Agreement (Leisure Time Casinos & Resorts Inc), Employment Agreement (Leisure Time Casinos & Resorts 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 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 5 contracts

Samples: Indemnification Agreement (Sutor Technology Group LTD), Indemnification Agreement (Sutor Technology Group LTD), Indemnification Agreement (Sutor Technology Group 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 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: Independent Director’s Contract (Sutor Technology), ’s Contract (Wonder Auto Technology, Inc), Independent Director’s Contract (Sutor Technology)

Non-Compete. During To the term exclusion of any relationship, in existence at the time this Agreement is entered into, in which Director is employed by or has an ownership interest in another business, during the 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, or in any manner whatsoever: (i) in any manner whatsoever engage in any capacity with any the business of another company competitive with the Company’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 (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 Affiliates; or (ii) have any interest as owner, sole proprietor, stockholder shareholder, partner partner , lender, director, officer, manager, employee, consultant, agent agent, or otherwise otherwise, in any business competitive with the Company’s Business 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 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.

Appears in 4 contracts

Samples: Director’s Contract (Along Mobile Technologies Inc), Director’s Contract (Along Mobile Technologies Inc), Director’s Contract (Along Mobile Technologies Inc)

Non-Compete. During the term of this Agreement and (a) The Shareholder hereby agrees that, for a period of twelve three ( 12 3) months following years after the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates (the “Restricted Period”) Closing Date, the Director he shall not, directly or indirectly, on behalf of himself or any other Person: (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, a stockholder, partner, lender employee, director, officer, manager, employee, consultant, agent consultant or otherwise in or of a business that sells or otherwise provides printing and/or print-related services (the “Business”), in the U.S. or, with respect to any business competitive with geographic area outside of the Company’s Business U.S., only in those geographic areas in which the Surviving Corporation and its Subsidiaries conduct operations as of the Closing Date (the “Specified Territory”); provided, however, provided that the Director may hold, directly or indirectly, solely as an investment, foregoing restriction shall not be deemed to apply to the Shareholder’s passive ownership of securities representing not more than one percent ( 1 %) % of the outstanding voting power of any entity the equity securities of any person or entity which is are listed on any a national securities exchange or regularly traded exchange, except in the over-the-counter market notwithstanding case of Parent, in which case the fact Shareholder’s ownership shall not be restricted; (ii) render financial assistance to or receive any economic benefit from any Person that such person engages or entity is engaged could be reasonably expected to engage in a the Business in the Specified Territory, other than Parent and its Affiliates, including the Surviving Corporation and its Subsidiaries; (iii) (x) induce or solicit any customer, supplier or agent of the Company or any of the Company Subsidiaries as of the Closing Date, to terminate or curtail any existing business competitive or commercial relationship with the Company’s Business. In addition Surviving Corporation or any of its Subsidiaries or with Parent or any of its other Affiliates or (y) otherwise interfere with the relationship of Parent or any of its Affiliates, during including the Restricted Period Surviving Corporation and its Subsidiaries, with any such customer, supplier or agent; and (iv) solicit, induce, recruit, offer employment to, hire or take any other action intended to have the Director shall not develop effect of causing any property for use in Person who was an employee of the Company’s Business on behalf Company or any of any person the Company Subsidiaries as of the date of this Agreement or entity other than as of the Company, its subsidiaries and affiliates Closing Date to terminate his or her employment.

Appears in 4 contracts

Samples: Voting Agreement (RR Donnelley & Sons Co), Agreement and Plan of Merger (RR Donnelley & Sons Co), Agreement and Plan of Merger (Consolidated Graphics Inc /Tx/)

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) 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 3 contracts

Samples: Employment Agreement (Oracle Health, Inc.), Employment Agreement (Oracle Health, Inc.), Employment Agreement (Oracle Health, 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: Novastar Resources (Novastar Resources Ltd.), Novastar Resources (Thorium Power, LTD), Novastar Resources (Thorium Power, LTD)

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) 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 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: China Biologic Products (China Biologic Products, Inc.), China Biologic Products (China Biologic Products, Inc.)

Non-Compete. During The Executive hereby covenants and agrees that 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 Expiration Date, the Board of Directors Executive will not, without the prior written consent of the Company or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not Company, directly or indirectly, (i) on his own behalf or in any manner whatsoever the service or on behalf of others, whether or not for compensation, engage in any capacity with any business competitive with the Company’s current lines of business activity, 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 in any person, firm, corporation or business, through a subsidiary or parent entity or other entity (whether as owner a shareholder, sole proprietor agent, stockholder joint venturer, security holder, trustee, partner, lender Executive, director creditor lending credit or money for the purpose of establishing or operating any such business, officer, manager, employee, consultant, agent partner or otherwise in otherwise) with 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 Competing Business 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. Covered

Appears in 2 contracts

Samples: Employment Agreement (Trovagene, Inc.), Employment Agreement (Cardiff Oncology, 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 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 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’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: Director’s Contract (Jupiter Wellness, Inc.), Director’s Contract (Jupiter Wellness, 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 Executive shall not, during the term of this Agreement 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 any of its subsidiaries or affiliates year thereafter (the “Restricted Period”), in any city, town or county in which the Director shall not Executive’s normal business office is located or the Bank or any of its Affiliates has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, do any of the following, directly or indirectly, without the prior written consent of the Bank ( i) except in any manner whatsoever engage Executive’s capacity as an employee of the Bank, and in any capacity with any business competitive with the Company’s current lines best interests of business the Bank): work for or any business then engaged advise, consult, serve with, or otherwise become interested 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, stockholder lender, partner, lender co-venturer, director, officer, manager employee, agent or consultant), directly or indirectly, any person, firm, corporation, association or other entity whose business materially competes with the depository, lending or other business activities of the Bank or its Affiliates; influence or attempt to influence any customer of the Bank or any of its Affiliates to terminate or modify any written or oral agreement or course of dealing with the Bank or such Affiliate; or influence or attempt to influence any person to either (A) terminate or modify any employment, consulting, agency, distributorship or other arrangement with the Bank or any of its Affiliates, or (B) employ, or arrange to have any other person or entity employ, any person who has been employed by the Bank of any of its Affiliates as an employee, consultant, agent or otherwise in distributor of the Bank or such Affiliate at any business competitive with time during the Company’s Business; provided Restricted Period. Notwithstanding the foregoing, however, that the Director Executive may hold, directly or indirectly, solely as an investment, not more hold less 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 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 class of any person or entity other than the Company, its subsidiaries and affiliates publicly traded securities of any company.

Appears in 2 contracts

Samples: Employment Agreement (Commercial National Financial Corp /Pa), Employment Agreement (Commercial National Financial Corp /Pa)

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: Director Agreement (PureBase Corp), 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”) Term, the Director Executive shall not, directly or indirectly, (i) in enter the employ of, or render 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 services to, any of its subsidiaries person, firm 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 corporation engaged in any business competitive with the Company’s Business business of the Company or of any of its subsidiaries or affiliates; the Executive shall not engage in such business on the Executive's own account; and the Executive shall not become interested in any such business, directly or indirectly, as an individual, partner, shareholder, director, officer, principal, agent, employee, trustee, consultant or in any other relationship or capacity, provided, however, that nothing contained in this Section 5.2 shall be deemed to prohibit the Director may hold, directly or indirectly Executive from acquiring, solely as an investment, not more than one up to three percent ( 1 3%) of the outstanding securities shares of publicly traded capital stock 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 corporation.

Appears in 2 contracts

Samples: Employment Agreement (Marvel Entertainment Group Inc), Employment Agreement (Marvel Entertainment Group 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 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 2 contracts

Samples: ’s Contract (Elevate, Inc.), ’s Contract (Highland Business Services, Inc.)

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: China Information (China Information Security Technology, Inc.), China Information (China Information 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 (Golden Elephant Glass Technology, Inc.), Golden Elephant (Golden Elephant Glass Technology, Inc.)

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: ’s Contract (Nutrastar International Inc.), ’s Contract (Nutrastar International 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: Home System Group (Home System), Home System Group (Home System)

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. Executive agrees that, during the Severance Term, except with the prior written consent of either the Chairman of the Board or the President of the Company, which will not be unreasonably withheld, he or she shall not, directly or indirectly, for himself or herself or on behalf of or in conjunction with any person, partnership, corporation or other entity, compete, own, operate, control, or participate or engage in the ownership, management, operation or control of, or be connected with as an officer, employee, partner, director, shareholder, representative, consultant, independent contractor, guarantor, advisor or in any other similar capacity or otherwise have a financial interest in, a business organization or enterprises that competes with the business of the Company or any of its subsidiaries and whose outstanding capital stock or other equity interests are traded on any national stock exchange or in the national over-the-counter market ("Public Companies"). For purposes hereof, the Company shall be deemed to be in the business of operating dealerships located in the United States of America or the Commonwealth of Puerto Rico that engage in the retail sale of new or used automobiles or light-duty trucks and businesses ancillary thereto, provided, however, that for any business of Executive to be deemed competitive for purposes hereof, it must be located within a fifty (50) mile radius of any automobile or truck dealership or ancillary business in which the Company (or any subsidiary thereof), directly or indirectly has an ownership interest of 20% or more at the time the competing activities commence. During the term Severance Period, Executive shall not interfere with or disrupt, or attempt to interfere with or disrupt, the relationship, contractual or otherwise, between the Company or any of this Agreement its subsidiaries or their affiliates and for a period of twelve (12) months following the Director’s removal any customer, client, supplier, manufacturer, distributor, consultant, independent contractor, employee or resignation from the Board of Directors landlord of the Company or any of its subsidiaries or affiliates their affiliates. Unless otherwise agreed, any request for consent under this provision that is not acted on by the Chairman of the Board or President of the Company within ten ( 10) calendar days of receipt of the “Restricted Period”) request shall be deemed granted. Notwithstanding anything in this Subsection 3.3 to the contrary, the Director shall not Executive may own, 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 ( up to 1 %) % of the outstanding securities capital stock or other equity interests of any person or entity competitive business having a class of capital stock which is listed traded on any national securities stock exchange or regularly traded in the national 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 1 contract

Samples: Severance Agreement (United Auto Group Inc)

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 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: ’s Contract (Golden Elephant Glass 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 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: Independent Director’s Contract (Wonder Auto Technology, 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.

Appears in 1 contract

Samples: Employment Agreement (1847 Goedeker Inc.)

Non-Compete. During the term Term (the “Restricted Period”), Executive shall not, in those states in the United States of this Agreement and for a period 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) 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) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee Executive, 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- 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 It is expressly understood, during the Restricted Period however, the Director shall that Executive may invest in or be an employee, officer and/or director of any company not develop any property for use in competitive of the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates business.

Appears in 1 contract

Samples: Employment Agreement (Smart for Life, 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: China Biologic Products (China Biologic Products, 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 of twelve (12) months following Restricted Period, the Director’s removal Executive shall not, in the United States or resignation from any other place where the Board of Directors of Company, its Parent or any Subsidiary, whether such Subsidiary is now existing or hereafter formed, conducts the Company Business or any of its subsidiaries or affiliates (the “Restricted Period”), the Director shall not part thereof, directly or indirectly, ( i 1) in any manner whatsoever engage in any capacity with any business competitive with the Company’s current lines Company Business (other than on behalf of business or any business then engaged in by and at the written request of the Company, any of its subsidiaries Parent and or any of its affiliates Subsidiary); ( ii) enter the “Company’s Business”) for the Director’s own benefit employ of, or for the benefit of render any person or entity services to, any Person (other than the Company Company, its Parent or any subsidiary or affiliate Subsidiary) engaged in the Company Business; or ( ii iii) have become interested in any interest such person in any capacity, including, without limitation, as owner, sole proprietor, stockholder an individual, partner, lender member, manager, shareholder, creditor, officer, director, officer, manager, employee, consultant principal, agent or otherwise in any business competitive with trustee; PROVIDED, HOWEVER, that, the Company’s Business; provided foregoing notwithstanding, however, that the Director Executive may hold own, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any publicly-traded person if the Executive is not a controlling person of, or entity a member of a group which is listed on controls, such person and the Executive does not, directly or indirectly, own 5% or more of any national class of securities exchange of such person. Nothing contained herein shall prevent or regularly traded prohibit the Executive from engaging in technology outsourcing, systems integration or facilities management in lines of business or markets other than those included in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Company’s Company 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: Incentive, Put and Noncompetition Agreement (Collegis 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 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: China Information (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) 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: Indemnification Agreement (China Agritech Inc)

Non-Compete. During the term Term (the “Restricted Period”), Executive shall not, in those states in the United States of this Agreement and for a period 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) 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) have any interest as owner, sole proprietor, stockholder shareholder, partner, lender, director, officer, manager, employee Executive, 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- 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 It is expressly understood, during the Restricted Period however, the Director shall that Executive may invest in or be an employee, officer and/or director of any company not develop any property for use in competitive of the Company’s Business on behalf of any person or entity other than the Company, its subsidiaries and affiliates business.

Appears in 1 contract

Samples: Employment Agreement (Smart for Life, Inc.)

Non-Compete. During the term six (6) month period commencing on April 30, 2022 through and including October 30, 2022 (the “Restricted Period”), the Executive shall not, in those states in the United States of this Agreement and for a period 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 1) in any an 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 2) 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 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 subsidiaries, and affiliates.

Appears in 1 contract

Samples: Separation Agreement and Release of Claims (Smart for Life, Inc.)

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: Independent Director’s Contract (China TransInfo Technology Corp.)

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, 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: Indemnification Agreement (OmniaLuo, Inc.)

Non-Compete. 11.3.1. During the term of this Agreement period beginning on the Effective Date and for a period of twelve (12) ending 12 months following the Director’s removal or resignation from the Board of Directors termination of the Company or any of its subsidiaries or affiliates Executive’s employment (the “ Restricted Non-Compete Period”), the Director Executive covenants and agrees not to, and shall not cause his controlled affiliates not to, directly or indirectly indirectly and anywhere in the United States or the world, (i) conduct, manage, operate, be employed by or otherwise connected in any manner whatsoever with, or engage in, or have an ownership interest in any capacity with any business competitive with the Company’s current lines of business or any business then enterprise engaged in by the Company in, 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 whether as owner, sole proprietor, stockholder, partner, lender, director, officer principal, manager, employee, agent, consultant, agent officer, equity holder, partner, investor, lender or otherwise member or in any other capacity, any business competitive or enterprise (or subsidiary or division thereof) which at any relevant time during the Non-Compete Period directly or indirectly competes 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%) Business of the outstanding securities of any person Company 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 its Affiliates (collectively, the Director shall not develop “Protected Companies”), in any property for use geographic location in which the Company’s Business on behalf Protected Companies are conducting business. For purposes of any person or entity other than the Company this Agreement, its subsidiaries and affiliates.

Appears in 1 contract

Samples: Employment Agreement (Innovative Solutions & Support Inc)

Non-Compete. During the term of this Agreement and for For a period of twelve twenty-four ( 12 24) months following the Director’s removal or resignation from the Board of Directors of the Company or any of its subsidiaries or affiliates Closing Date (the “Restricted Period”), the Director Harlan 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 Purchaser or any of its affiliates Affiliates within the states of California and Oregon (the “ Company’s Business”) for the Director’s his own benefit or for the benefit of any person or entity Person other than the Company Purchaser or any subsidiary or affiliate its Affiliates; 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 Harlan may hold, directly or indirectly, solely as an investment, not more than one percent (1%) of the outstanding securities of any person or entity Person 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 Person 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: Stock Purchase Agreement (Terra Tech Corp.)

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 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 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 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 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: Director’s Agreement (Jupiter Wellness, Inc.)

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 period of this Agreement Executive's employment and for a period of twelve (12) months following thereafter, Executive will not, directly or indirectly, as a stockholder owning beneficially or of record more than five percent of the Director’s removal outstanding shares of any class of stock of any issuer, or resignation from the Board of Directors as an officer, director, employee, consultant, partner, joint venturer, proprietor, or otherwise engage in or become interested in any business that directly or indirectly is in competition with any material business of the Company or any of its subsidiaries (or affiliates (the “Restricted Period”), the Director shall not, directly or indirectly, any of their successors) as conducted: (i) in any manner whatsoever engage in any capacity with any business competitive with if during the Company’s current lines period of business or any business then engaged in by the Company employment, 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; during such period, or (ii) have any interest if after termination of employment, at the time of the termination of Executive's employment, provided however, that this provision shall not prohibit Executive from acting as owner, sole proprietor, stockholder, partner, lender an officer, director , officer, manager , employee, consultant, agent partner, joint venturer or otherwise proprietor of any entity that has a separate subsidiary or division which is in any business competitive competition 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%) business of the outstanding securities of any person Company so long as Executive has no direct or entity which is listed on any national securities exchange indirect responsibility or regularly traded involvement in the over-the-counter market notwithstanding activities of the fact that such person subsidiary 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 division or in the Company’s Business on behalf competitive activity. During the period of any person or entity other than Executive's employment and for a period of twelve months thereafter, Executive 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 and affiliates. subsidiaries, who are employees of, or providing services to the Company, or any of its subsidiaries, at the time or

Appears in 1 contract

Samples: Employment Agreement (LCC 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 . It has been approved for Dr. Kurtis to be an advisor and or consultant for Sublime and to continue her research and consulting projects with Georgia Tech.

Appears in 1 contract

Samples: Director Agreement (PureBase Corp)

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: Home System Group (Home System)

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 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: Retirement Agreement (Carramerica Realty Corp)

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 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 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 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: Independent Director’s Contract (Sutor Technology)

Non-Compete. During the term period which is the greater of this Agreement and for a period of (i) twelve (12) months following the Director’s removal or resignation from the Board Effective Date and (ii) six months from the termination of Directors Carroll's services, Carroll will not, directly or indirectly, as a stockholder owning beneficially or of record more than five percent of the outstanding shares of any class of stock of any issuer, or as an officer, director, employee, consultant, partner, joint venturer, proprietor, or otherwise engage in or become interested in any business that directly or indirectly is in competition with any material business of the Company or any of its subsidiaries (or affiliates any of their successors) as conducted or proposed to be conducted ( i) if during the “Restricted Period”) term, during the Director period of services or (ii) after termination of services, then at the time of any such termination, provided, however, that this provision shall not prohibit Carroll from acting as an officer, director, employee, consultant, partner, joint-venturer or proprietor of any entity that has a separate subsidiary or division that is in competition with the business of the Company so long as Carroll as no direct or indirect responsibility or involvement in the activities of the subsidiary or division or in the competitive activity. During the period of Carroll's services and for a period of twelve months thereafter, Carroll 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, who are employees or providing services at the time or within six months of such solicitation, hiring or inducement, for any business activity, other than a business activity owned or controlled, 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 Company 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 subsidiaries.

Appears in 1 contract

Samples: LCC International Inc

Non-Compete. During the term Term (the “Restricted Period”), Employee shall not, in those states in the United States of this Agreement and for a period 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) 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”) 's 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 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 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 Business. In addition, during the Restricted Period, the Director Employee 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: Employment Agreement (Smart for Life, 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 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: China Information (China Information Security 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 (Network Six 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 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 or entity is engaged in a business competitive with the Company’s Business ; provided further, however, that none of his duties with ___________________________________ or its affiliates shall constitute competition with the Company. The restrictions of this paragraph shall extend only to those specific states, territories, or provinces where the Company conducts business on the day that this Agreement Director’s employment with the Company terminates and with which Executive had substantial contacts during his employment 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 1 contract

Samples: Frelii, (Frelii, Inc.)

Non-Compete. During the term of this Agreement and A. Executive will not, for a period of twelve one ( 12 1) months year following the Director’s removal Date of Termination, either directly or resignation from indirectly, as principal, agent, owner, employee, partner, investor, stockholder (other than solely as a holder of not more than 1% of the Board issued and outstanding shares of Directors any public entity), consultant, advisor or otherwise howsoever own, operate, carry on or engage in the operation of or have any financial interest in or provide, directly or indirectly, financial assistance to or lend money to or guarantee the debts or obligations of any Person carrying on or engaged in any business that is similar to or competitive with the business conducted by the Company or any of its subsidiaries, whether with respect to customers, sources of supply or otherwise. B. Executive covenants and agrees with the Company and its subsidiaries or affiliates that, during the Term of Employment and for one ( the “Restricted Period”) 1) year thereafter, 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’s own benefit himself 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. Person:

Appears in 1 contract

Samples: Employment Agreement (Blockbuster Inc)