Common use of Non-Compete Clause in Contracts

Non-Compete. The Director shall not, so long as he or she is a member of the Board and for a period of 12 months following termination of this Agreement for whatever reason, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete, directly or indirectly, with the services or products provided or proposed to be provided by the Company or its subsidiaries or affiliates; provided, however, that the Director may own securities of any public corporation which is engaged in such business but in an amount not to exceed at any one time, one percent of any class of stock or securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant or otherwise.

Appears in 8 contracts

Samples: Director Agreement (Golden Bull LTD), Director Agreement (Urban Tea, Inc.), Director Agreement (Golden Bull LTD)

Non-Compete. The Director shall not, so long as he or she is a member During the term of the Board and for a period of 12 months following termination of this Agreement for whatever reason Agreement, Employee will not, directly or indirectly (whether for compensation or otherwise), alone or in concert with others, own, manage, operate, join, control, or participate in the ownership, management, operation, or control of, or furnish any capital to, or be connected in any manner with (whether alone or as owner a partner, partner officer, director, employee, agent or shareholder), or provide any advice or services as a consultant for, any business which competes with the Company's business or that of any subsidiary, partnership, corporation, joint venture, stockholder or other similar entity of which the Company is a shareholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by partner, or have any connection with any member as such business or venture that is engaged may be conducted from time to time. Notwithstanding the foregoing, Employee may be a passive investor in any activities involving services or products a business which compete, directly or indirectly, competes with the services or products Company's business, provided or proposed to be provided by the Company or its subsidiaries or affiliates; provided, however, that the Director may own securities of any public corporation which is engaged in such business but in an amount Employee's equity holding does not to exceed at any one time, one percent of any class of stock or securities 2% of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant or otherwise business.

Appears in 7 contracts

Samples: Employment Agreement (Bidz.com, Inc.), Employment Agreement (Bidz.com, Inc.), Form of Employment Agreement (Ribapharm Inc)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member of employed by the Board Company and for a period of 12 months following termination of this Agreement for whatever reason one (1) year thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control, or participate in the ownership, management, operation or control of, or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive, agent, member, partner, individual proprietor, consultant, advisor or otherwise, but in an amount not if the Executive's interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 3 contracts

Samples: Executive Employment Agreement (Stratex Oil & Gas Holdings, Inc.), Executive Employment Agreement (Stratex Oil & Gas Holdings, Inc.), Executive Employment Agreement (Stratex Oil & Gas Holdings, Inc.)

Non-Compete. The Director shall not, so long as he or she he is a member of the Board and for a period of 12 months following termination of this Agreement for whatever reason, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete, directly or indirectly, with the services or products provided or proposed to be provided by the Company or its subsidiaries or affiliates; provided, however, that the Director may own securities of any public corporation which is engaged in such business but in an amount not to exceed at any one time, one percent of any class of stock or securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant or otherwise.

Appears in 2 contracts

Samples: Director Agreement (Golden Bull LTD), Director Agreement (Golden Bull LTD)

Non-Compete. The Director shall not, so long as he or she is a member of the Board and for a period of 12 months following termination of this Agreement for whatever reason, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete, directly or indirectly, with the services or products provided or proposed to be provided by the Company or its subsidiaries or affiliates; provided, however, that the Director may own securities of any public corporation which is engaged in such business but in an amount not to exceed at any one time, one percent of any class of stock or securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant or otherwise.

Appears in 2 contracts

Samples: Director Agreement (Golden Bull LTD), Director Agreement (Golden Bull LTD)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member of employed by the Board Company and for a period of 12 months following termination of this Agreement for whatever reason one (1) year thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control, or participate in the ownership, management, operation or control of, or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive, agent, member, partner, individual proprietor, consultant, advisor or otherwise, but in an amount not if the Executive’s interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 2 contracts

Samples: Form of Executive Employment Agreement (GrowGeneration Corp.), Form of Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member employed by the Company, in the state of the Board CO and for a period of 12 months following termination of this Agreement for whatever reason two (2) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control or participate in the ownership, management, operation or control of or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive. agent, member, partner individual proprietor, consultant . advisor or otherwise. but in an amount not if the Executive’s interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise. other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.4 | Page

Appears in 2 contracts

Samples: Form of Executive Employment Agreement (GrowGeneration Corp.), Form of Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director Executive shall not, so long as he or she is a member without the prior written consent of the Board and for a period Chief Executive Officer of 12 months following termination of this Agreement for whatever reason the Company, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever indirectly, engage in, become financially interested in, be employed by, act as a consultant or have advisor to, be a director, officer, owner or partner of, or acquire an interest in, any connection business competing with any business or venture that is engaged in any activities involving services or products which compete, directly or indirectly, with of the services or products provided or proposed to be provided businesses conducted by the Company or any of its subsidiaries or affiliates , nor directly or indirectly have any interest in, own, manage, operate, control, be connected with as a stockholder, lender, joint venturer, officer, employee, partner or consultant, or otherwise engage, invest or participate in any business that is competitive with any of the businesses conducted by the Company or by any subsidiary or affiliate of the Company; provided, however, that nothing contained in this Section 3 shall prevent the Director may own securities of any public corporation which is engaged Executive from investing or trading in such business but in an amount not to exceed at any one time publicly traded stocks, one percent of any class of stock bonds, commodities or securities or in real estate or other forms of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant investment for Executive’s own account and benefit (directly or otherwise. indirectly);

Appears in 2 contracts

Samples: Change of Control Agreement (Axcelis Technologies Inc), Change of Control Agreement (Axcelis Technologies Inc)

Non-Compete. The Director shall not 4.1 Consultant agrees and undertakes that, so long as he or she Consultant is a member of engaged by the Board Company and for a period of 12 twelve (12) months following termination of this Agreement Consultant’s engagement for whatever reason, Consultant will not, directly or indirectly indirectly, as owner, partner, joint venture venturer, stockholder, employee, broker, agent agent, principal , trustee, corporate officer, director, licensor or in any other capacity whatsoever, whatsoever engage in, become financially interested in, be employed by, or have any connection with with, any business or venture that is engaged in any activities involving services or products which compete, directly or indirectly, competes with the services or products provided or proposed to be provided by the Company or its subsidiaries or affiliates Company; provided, however, that the Director Consultant may own any securities of any public corporation which is engaged in such business and is publicly owned and traded but in an amount not to exceed at any one time, one time three percent of any class of stock or securities of such company, and so long as the Director Consultant has no active role in the publicly owned and traded company as director , officer, employee, consultant or otherwise . 4.2 Consultant agrees and undertakes that during the period of Consultant’s engagement and for a period of twelve (12) months following termination, Consultant will not, directly or indirectly, including personally or in any business in which Consultant is an officer, director or shareholder, for any purpose or in any place, solicit for employment or employ any person employed by the Company (or retained by the Company as a consultant, if such consultant is prevented thereby from continuing to render its services to the Company) on the date of such termination or during the preceding twelve (12) months. 4.3 If any one or more of the terms contained in this Section 4 shall for any reason be held to be excessively broad with regard to time, geographic scope or activity, the term shall be construed in a manner to enable it to be enforced to the extent compatible with applicable Israeli law.

Appears in 1 contract

Samples: Consulting Agreement (Topspin Medical Inc)

Non-Compete. The Director shall not Consultant agrees that for the time this Agreement is in effect, so long as he or she is a member will take on other clients only with the prior written approval of the Board and for a period of 12 months following termination CEO, if such engagement would involve "Competition". For purposes of this Agreement for whatever reason Agreement, directly "Competition" shall mean engaging in or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete carrying on, directly or indirectly, with any enterprise, whether as an advisor, principal, agent, partner, officer, director, employee, stockholder, associate or consultant to any person, partnership, corporation or any other business entity that is principally engaged in the services or products provided or proposed to be provided by business of the Company or its subsidiaries or affiliates affiliates in their market areas; provided, however, that "Competition" will not include the Director may own mere ownership of 1% or less of the outstanding securities in any enterprise and exercise of any public corporation which is engaged in such business but in an amount not to exceed at any one time, one percent of any class of stock or securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant or otherwise rights appurtenant thereto.

Appears in 1 contract

Samples: Consulting Agreement (Oge Energy Corp.)

Non-Compete. The Director shall not, so long as he or she is a member In consideration of the Board employment hereunder, the Executive agrees that during his employment and for a period of 12 months following termination of this Agreement for whatever reason one (1) year thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in the Executive will not (and will cause any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete entity controlled by the Executive not to), directly or indirectly, whether or not for compensation and whether or not as an employee, be engaged in or have any financial interest in any business competing with or which may compete with the business of the Company within any state within the United States or solicit, advise, provide services or products provided of the same or proposed similar nature to services or products of the Company to any person or entity. For purposes of this Agreement, the Executive will be deemed to be provided by engaged in or to have a financial interest in such competitive business if he is an executive, officer, director, shareholder, joint venturer, salesperson, consultant, investor, advisor, principal or partner, of any person, partnership, corporation, trust or other entity which is engaged in such a competitive business, or if he directly or indirectly performs services for such an entity in a capacity the Company same as or its subsidiaries or affiliates similar to that which Executive performed for the Company; provided, however, that the Director may own securities foregoing will not prohibit the Executive from owning, for the purpose of any public corporation which is engaged in such business but in an amount not to exceed at any one time passive investment, one percent less than 2% of any class of stock or securities of a publicly held corporation or performing work for competitive business if such company, so long as work is not similar to the Director has no active role in work performed by Executive for the publicly owned company as director, employee, consultant or otherwise Company.

Appears in 1 contract

Samples: Employment Agreement (iBio, Inc.)

Non-Compete. The Director shall not, so long as he or she is a member In consideration of the Board employment hereunder, the Executive agrees that during his employment and for a period of 12 months following termination of this Agreement for whatever reason one (1) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in the Executive will not (and will cause any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete entity controlled by the Executive not to), directly or indirectly, whether or not for compensation and whether or not as an employee, be engaged in or have any financial interest in any business competing with or which may compete with the business of the Company (or with the business of any affiliate of the Company conducting substantially similar activities) (such affiliates together with the Company, collectively, “Wayside”) within any state, country, region or locality in which Wayside is then doing business or marketing its products or solicit, advise, provide or sell any services or products provided of the same or proposed similar nature to services or products of Wayside to any person or entity. For purposes of this Agreement, the Executive will be deemed to be provided by the Company engaged in or its subsidiaries to have a financial interest in such competitive business if he is an officer, director, shareholder, joint venturer, agent, salesperson, consultant, investor, advisor, principal or affiliates partner, of any person, partnership, corporation, trust or other entity which is engaged in such a competitive business, or if he directly or indirectly performs services for such an entity or if a member of Executive’s immediate family beneficially owns an equity interest, or interest convertible into equity, in any such entity; provided, however, that the Director may own securities foregoing will not prohibit the Executive or a member of any public corporation which is engaged in such business but in an amount not to exceed at any one time her immediate family from owning, one percent for the purpose of passive investment, less than 5% of any class of stock or securities of such company, so long as the Director has no active role in the a publicly owned company as director, employee, consultant or otherwise held corporation.

Appears in 1 contract

Samples: Employment Agreement (Wayside Technology Group, Inc.)

Non-Compete. The Director shall not, so long as he or she is a member In consideration of the Board employment hereunder, the Executive agrees that during his employment and for a period of 12 months following termination of this Agreement for whatever reason one (1) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in the Executive will not (and will cause any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete entity controlled by the Executive not to), directly or indirectly, whether or not for compensation and whether or not as an employee, be engaged in or have any financial interest in any business competing with or which may compete with the business of the Company (or with the business of any affiliate of the Company conducting substantially similar activities) (such affiliates together with the Company, collectively, “Wayside”) within any state, country, region or locality in which Wayside is then doing business or marketing its products or solicit, advise, provide or sell any services or products provided of the same or proposed similar nature to services or products of Wayside to any person or entity. For purposes of this Agreement, the Executive will be deemed to be provided by the Company engaged in or its subsidiaries to have a financial interest in such competitive business if he is an officer, director, shareholder, joint venturer, agent, salesperson, consultant, investor, advisor, principal or affiliates partner, of any person, partnership, corporation, trust or other entity which is engaged in such a competitive business, or if he directly or indirectly performs services for such an entity or if a member of Executive’s immediate family beneficially owns an equity interest, or interest convertible into equity, in any such entity; provided, however, that the Director may own securities ​​foregoing will not prohibit the Executive or a member of any public corporation which is engaged in such business but in an amount not to exceed at any one time her immediate family from owning, one percent for the purpose of passive investment, less than 5% of any class of stock or securities of such company, so long as the Director has no active role in the a publicly owned company as director, employee, consultant or otherwise. held corporation.​

Appears in 1 contract

Samples: Employment Agreement (Wayside Technology Group, Inc.)

Non-Compete. The Director shall not, so long as he or she is a member In consideration of the Board employment hereunder, the Executive agrees that during his employment and for a period of 12 months following termination of this Agreement for whatever reason one (1) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in the Executive will not (and will cause any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete entity controlled by the Executive not to), directly or indirectly, whether or not for compensation and whether or not as an employee, be engaged in or have any financial interest in any business competing with or which may compete with the business of the Company (or with the business of any affiliate of the Company conducting substantially similar activities) (such affiliates together with the Company, collectively, “Wayside”) within any state, country, region or locality in which Wayside is then doing business or marketing its products or solicit, advise, provide or sell any services or products provided of the same or proposed similar nature to services or products ​​of Wayside to any person or entity. For purposes of this Agreement, the Executive will be deemed to be provided by the Company engaged in or its subsidiaries to have a financial interest in such competitive business if he is an officer, director, shareholder, joint venturer, agent, salesperson, consultant, investor, advisor, principal or affiliates partner, of any person, partnership, corporation, trust or other entity which is engaged in such a competitive business, or if he directly or indirectly performs services for such an entity or if a member of Executive’s immediate family beneficially owns an equity interest, or interest convertible into equity, in any such entity; provided, however, that the Director may own securities foregoing will not prohibit the Executive or a member of any public corporation which is engaged in such business but in an amount not to exceed at any one time her immediate family from owning, one percent for the purpose of passive investment, less than 5% of any class of stock or securities of such company, so long as the Director has no active role in the a publicly owned company as director, employee, consultant or otherwise. held corporation.​

Appears in 1 contract

Samples: Employment Agreement (Wayside Technology Group, Inc.)

Non-Compete. The Director shall not, so long as he or she is a member In consideration of the Board employment hereunder, the Executive agrees that during his employment and for a period of 12 months following termination of this Agreement for whatever reason two (2) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in the Executive will not (and will cause any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete entity controlled by the Executive not to), directly or indirectly, whether or not for compensation and whether or not as an employee, be engaged in or have any financial interest in any business competing with or which may compete with the business of the Company (or with the business of any affiliate of the Company conducting substantially similar activities) (such affiliates together with the Company, collectively, “Wayside”) within any state, country, region or locality in which Wayside is then doing business or marketing its products or solicit, advise, provide or sell any services or products provided of the same or proposed similar nature to services or products of Wayside to any person or entity. For purposes of this Agreement, the Executive will be deemed to be provided by the Company engaged in or its subsidiaries to have a financial interest in such competitive business if he is an officer, director, shareholder, joint venturer, agent, salesperson, consultant, investor, advisor, principal or affiliates partner, of any person, partnership, corporation, trust or other entity which is engaged in such a competitive business, or if he directly or indirectly performs services for such an entity or if a member of Executive’s immediate family beneficially owns an equity interest, or interest convertible into equity, in any such entity; provided, however, that the Director may own securities foregoing will not prohibit the Executive or a member of any public corporation which is engaged in such business but in an amount not to exceed at any one time her immediate family from owning, one percent for the purpose of passive investment, less than 5% of any class of stock or securities of such company, so long as the Director has no active role in the a publicly owned company as director, employee, consultant or otherwise held corporation.

Appears in 1 contract

Samples: Employment Agreement (Wayside Technology Group, Inc.)

Non-Compete. The Director shall not In the event that Young voluntarily resigns his employment with the Company, so long as he or she is a member of the Board and for a period of 12 months following termination of this Agreement for whatever reason, directly one year after his resignation Young shall not become or indirectly be interested in (whether as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate an officer, director, licensor stockholder, partner, proprietor, associate, representative or in any other capacity whatsoever, engage in, become financially interested in, be employed by otherwise), or have any connection with directly or indirectly engage in activities or render services for or to, any business organization which engages in activities or venture that is engaged in services which are directly related to any activities involving specific product or services or products which compete, directly or indirectly, with the services or products provided or proposed to be provided by ongoing project of the Company or its subsidiaries or affiliates on which Young was working during his employment; provided, however, that notwithstanding the Director foregoing, Young may own own, as an inactive investor, securities of any public competitor corporation which is engaged in such business but in an amount not to exceed at any one time, one percent of any class of stock or securities of such company, so long as the Director has no active role his holding in any one such corporation shall not in the publicly owned company as director, employee, consultant or otherwise aggregate constitute more than 1% of the voting stock of such corporation.

Appears in 1 contract

Samples: Employment Agreement (Decode Genetics Inc)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member of employed by the Board Company and for a period of 12 months following termination of this Agreement for whatever reason one (1) year thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control, or participate in the ownership, management, operation or control of, or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its, subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive, agent, member, partner, individual proprietor, consultant, advisor or otherwise, but in an amount not if the Executive's interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 1 contract

Samples: Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member of employed by the Board Company and for a period of 12 months following termination of this Agreement for whatever reason one (1) year thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control, or participate in the ownership, management, operation or control of, or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive, agent, member, partner, individual proprietor, consultant, advisor or otherwise, but in an amount not if the Executive’s interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 1 contract

Samples: Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member of employed by the Board Company and for a period of 12 months following termination of this Agreement for whatever reason one (I) year thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control, or participate in the ownership, management, operation or control of, or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive, agent, member, partner, individual proprietor, consultant, advisor or otherwise, but in an amount not if the Executive's interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 1 contract

Samples: Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member employed by the Company, in the state of the Board CO and for a period of 12 months following termination of this Agreement for whatever reason two (2) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control or participate in the ownership, management, operation or control of or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive. agent, member, partner individual proprietor, consultant. advisor or otherwise. but in an amount not if the Executive’s interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 1 contract

Samples: Form of Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member employed by the Company, in the state of the Board CO. and for a period of 12 months following termination of this Agreement for whatever reason two (2) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control or participate in the ownership, management, operation or control of or otherwise become interested in (whether as an owner. stockholder, member. partner. lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship, For purposes of this Agreement. the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive. agent, member, partner individual proprietor, consultant . advisor or otherwise. but in an amount not if the Executive’s interest is limited solely to exceed at any one time, one the ownership of not more than live percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 1 contract

Samples: Form of Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member employed by the Company, in the state of the Board CO. and for a period of 12 months following termination of this Agreement for whatever reason two (2) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control, or participate in the ownership, management, operation or control of, or otherwise become interested in (whether as an owner, stockholder, member, partner, lender, consultant, executive, officer, director, agent, supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive, agent, member, partner, individual proprietor, consultant , advisor or otherwise, but in an amount not if the Executive’s interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 1 contract

Samples: Form of Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director shall not Executive covenants and agrees that, so long as he or she while the Executive is a member employed by the Company, in the state of the Board CO. and for a period of 12 months following termination of this Agreement for whatever reason two (2) years thereafter, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete the Executive shall not, directly or indirectly, manage, operate or control, or participate in the ownership_ management, operation or control of, or otherwise become interested in (whether as an owner. stockholder, member, partner, lender, consultant, executive, officer, director, agent. supplier, distributor or otherwise) any business which is competitive with the services or products provided or proposed to be provided by business of the Company or any of its subsidiaries or affiliates ; provided , however or, directly or indirectly, induce or influence any person that has a business relationship with the Director may own securities Company or any of any public corporation which its subsidiaries or affiliates to discontinue or reduce the extent of such relationship. For purposes of this Agreement, the Executive shall be deemed to be directly or indirectly interested in a business if he is engaged or interested in such that business as a stockholder, director, officer, executive, agent, member, partner, individual proprietor, consultant, advisor or otherwise, but in an amount not if the Executive’s interest is limited solely to exceed at any one time, one the ownership of not more than five percent (5%) of the securities of any class of stock or equity securities of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant a corporation or otherwise other person whose shares are listed or admitted to trade on a national securities exchange or are quoted on an electronic quotation medium.

Appears in 1 contract

Samples: Form of Executive Employment Agreement (GrowGeneration Corp.)

Non-Compete. The Director Executive shall not, so long as he or she is a member without the prior written consent of the Board and for a period Chief Executive Officer of 12 months following termination of this Agreement for whatever reason the Company, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever indirectly, engage in, become financially interested in, be employed by, act as a consultant or have advisor to, be a director, officer, owner or partner of, or acquire an interest in, any connection business competing with any business or venture that is engaged in any activities involving services or products which compete, directly or indirectly, with of the services or products provided or proposed to be provided businesses conducted by the Company or any of its subsidiaries or affiliates , nor directly or indirectly have any interest in, own, manage, operate, control, be connected with as a stockholder, lender, joint venturer, officer, employee, partner or consultant, or otherwise engage, invest or participate in any business that is competitive with any of the businesses conducted by the Company or by any subsidiary or affiliate of the Company; provided, however, that nothing contained in this Section 3 shall prevent the Director may own securities of any public corporation which is engaged Executive from investing or trading in such business but in an amount not to exceed at any one time publicly traded stocks, one percent of any class of stock bonds, commodities or securities or in real estate or other forms of such company, so long as the Director has no active role in the publicly owned company as director, employee, consultant investment for Executive's own account and benefit (directly or otherwise. indirectly);

Appears in 1 contract

Samples: Change of Control Agreement (Axcelis Technologies Inc)

Non-Compete. The Director Without the Company’s prior written consent, during the Term, Advisor shall not , so long as he or she is a member of the Board and for a period of 12 months following termination of this Agreement for whatever reason, directly or indirectly as owner, partner, joint venture, stockholder, employee, broker, agent principal, corporate officer, director, licensor or in any other capacity whatsoever, engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities involving services or products which compete , directly or indirectly, own any interest in, operate, join, control or participate as a partner, director, principal, officer, manager, or agent of, enter into any employment of, act as a consultant or advisor to, or perform any services for, any business which at any time during such period is in competition with any material business in which the services Company, or products provided any of its affiliates, has taken substantial steps to engage or proposed to be provided by the Company or its subsidiaries or affiliates; provided, however, that the Director may own securities of any public corporation which is engaged in such business but in an amount not to exceed at any one time time during such period, one percent anywhere in the world. This provision shall not be construed to prohibit the ownership by Advisor of less than 2% of any class of stock or securities of such company any corporation, so long as the Director has no active role Advisor remains a passive investor in the publicly owned company as director, employee, consultant or otherwise such entity.

Appears in 1 contract

Samples: Senior Advisor Agreement (Magnachip Semiconductor LLC)