Common use of Non-Competition; Non-Solicitation; Confidentiality Clause in Contracts

Non-Competition; Non-Solicitation; Confidentiality. (a) Executive acknowledges and recognizes the highly competitive nature of the business of the Company and accordingly agrees that, in consideration of this Agreement, the rights conferred hereunder, and any payments hereunder, during the Non-Compete Term, Executive will not engage, either directly or indirectly, as an employee, consultant or independent contractor, or as a principal for his own account or jointly with others, or as a stockholder in any corporation or joint stock association, in any business other than the Company or its subsidiaries which designs, develops, manufactures, distributes, sells or markets the type of products or services sold, distributed or provided by the Company or its subsidiaries during the two year period prior to the Date of Termination (the "BUSINESS"); provided that nothing herein shall prevent Executive from owning, directly or indirectly, not more than 5% of the outstanding shares of, or any other equity interest in, any entity engaged in the Business and listed or traded on a national securities exchanges or in an over-the-counter securities market.

Appears in 4 contracts

Samples: Change of Control Agreement (Mascotech Inc), Change of Control Agreement (Mascotech Inc), Change of Control Agreement (Mascotech Inc)

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Non-Competition; Non-Solicitation; Confidentiality. (a) Executive acknowledges and recognizes the highly competitive nature of the business of the Company and accordingly agrees that, in consideration of this Agreement, the rights conferred hereunder, and any the payments hereunder, during the Non-Compete TermTerm (as hereinafter defined), Executive will not engage, either directly or indirectly, as an employee, consultant or independent contractor, or as a principal for his own account or jointly with others, or as a stockholder in any corporation or joint stock association, in any business other than the Company or its subsidiaries association which designs, develops, manufactures, distributes, sells or markets the type of products or services sold, distributed or provided by the Company or its subsidiaries during the two year period prior to the Termination Date of Termination (the "BUSINESSBusiness"); provided provided, that nothing herein shall prevent Executive from owning, directly or indirectly, not more than 5% of the outstanding shares of, or any other equity interest in, any entity engaged in the Business and listed or traded on a national securities exchanges or in an over-the-counter securities market.

Appears in 2 contracts

Samples: Employment, Release and Consulting Agreement (Metaldyne Corp), Employment, Release and Consulting Agreement (Metaldyne Corp)

Non-Competition; Non-Solicitation; Confidentiality. (a) Executive acknowledges and recognizes the highly competitive nature of the business of the Company and accordingly agrees that, in consideration of this Agreement, the rights conferred hereunder, and any the payments hereunder, during the Non-Compete Term, Executive will not engage, either directly or indirectly, as an employee, consultant or independent contractor, or as a principal for his own account or jointly with others, or as a stockholder in any corporation or joint stock association, in any business other than the Company or its subsidiaries association which designs, develops, manufactures, distributes, sells or markets the type of products or services sold, distributed or provided by the Company or its subsidiaries during the two year period prior to the Effective Date of Termination (the "BUSINESSBusiness"); provided provided, that nothing herein shall prevent Executive from owning, directly or indirectly, not more than 5% of the outstanding shares of, or any other equity interest in, any entity engaged in the Business and listed or traded on a national securities exchanges or in an over-the-counter securities market.

Appears in 1 contract

Samples: Release and Consulting Agreement (Metaldyne Corp)

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Non-Competition; Non-Solicitation; Confidentiality. (a) Executive acknowledges and recognizes the highly competitive nature of the business of the Company and accordingly agrees that, in consideration of this Agreement, the rights conferred hereunder, and any payments payment hereunder, during his employment with Company and for the TWENTY-FOUR (24) month period following the termination of Executive's employment with Company, for any reason ("Non-Compete Term"), Executive will shall not engage, either directly or indirectly, as an employee, consultant or independent contractor, or as a principal for his Executive's own account or jointly with others, or as a stockholder in any corporation or joint stock association, or as a partner or member of a general or limited liability entity, or as an employee, officer, director, agent, consultant, or in any other advisory capacity in any business other than the Company or its subsidiaries which designs, develops, manufacturesmanufacturers, distributes, sells or markets the type of products or services sold, distributed or provided by the Company or its subsidiaries during the two (2) year period prior to the Date date of Termination termination (the "BUSINESSBusiness"); provided that nothing herein shall prevent Executive from owning, directly or indirectly, not more than five percent (5% %) of the outstanding shares of, or any other equity interest in, any entity engaged in the Business and listed or traded on a national securities exchanges or in an over-the-counter securities market.

Appears in 1 contract

Samples: Change of Control Agreement (Metaldyne Corp)

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