Common use of Non-Competition Restriction Clause in Contracts

Non-Competition Restriction. Except with the prior written consent of the Company, the Employee shall not, either during his employment hereunder or for the period of time after termination of his employment hereunder during which the Employee accepts severance payments pursuant to Section 7(b) (if applicable), directly or indirectly manage, operate, control, be employed by, participate in, consult with, render services to, or be connected in any manner with the management, operation, ownership or control of any business or venture in competition in the United States with the business of the Company. For purposes of this Section 6(a), a business or venture shall be deemed to be in competition with the business of the Company if that business or venture or any of its affiliates manufactures, distributes, or otherwise engages in the design, sale, or transportation of cabinets for residential use, including but not limited to such cabinet products intended for the primary use in the kitchen or bathroom. Nothing in this Section 6(a) however, shall prohibit the Employee from owning securities of the Company or from owning as an inactive investor up to 5% of the outstanding voting securities of any issuer which is listed on the New York Stock Exchange, American Stock Exchange or the NASDAQ Stock Market or any of their respective successors. If the Employee directly or indirectly manages, operates, controls, is employed by, participates in, consults with, renders services to, or is connected in any manner with the management, operation, ownership or control of any business or venture which is in competition in the United States with the business of the Company, then the Company shall be entitled to immediately terminate any and all severance payments being made pursuant to Section 7(b), if any, and other benefits to which the Employee would otherwise be entitled.

Non-Competition Restriction. Except with the prior written consent of the Company, the Employee shall not, either during his employment hereunder or for the period of time after termination of his employment hereunder during which the Employee accepts severance payments pursuant to Section 7(b) (if applicable), directly or indirectly manage, operate, control, be employed by, participate in, consult with, render services to, or be connected in any manner with the management, operation, ownership or control of any business or venture in competition in the United States with the business of the Company. For purposes of this Section 6(a), a business or venture shall be deemed to be in competition with the business of the Company if that business or venture or any of its affiliates manufactures, distributes, or otherwise engages in the design, sale, or transportation of cabinets for residential use, including but not limited to to, such cabinet products intended for the primary use in the kitchen or bathroom. Nothing in this Section 6(a) ), however, shall prohibit the Employee from owning securities of the Company or from owning as an inactive investor up to 5% of the outstanding voting securities of any issuer which that is listed on the New York Stock Exchange, American Stock Exchange or the NASDAQ Stock Market or any of their respective successors. If the Employee directly or indirectly manages, operates, controls, is employed by, participates in, consults with, renders services to, or is connected in any manner with the management, operation, ownership or control of any business or venture which that is in competition in the United States with the business of the Company, then the Company shall be entitled to immediately terminate any and all severance payments being made to Employee pursuant to Section 7(b), if any, and any other benefits to which the Employee would otherwise be entitledentitled under this Agreement.

Non-Competition Restriction. Except with the prior written consent of the Company, the Employee shall not, either during his employment hereunder or for the period of time after termination of his employment hereunder during which the Employee accepts severance payments pursuant to Section 7(b) (if applicable), directly or indirectly manage, operate, control, be employed by, participate in, consult with, render services to, or be connected in any manner with the management, operation, ownership or control of any business or venture in competition in the United States with the business of the Company. For purposes of this Section 6(a), a business or venture shall be deemed to be in competition with the business of the Company if that business or venture or any of its affiliates manufactures, distributes, or otherwise engages in the design, sale, or transportation of cabinets for residential use, including but not limited to to, such cabinet products intended for the primary use in the kitchen or bathroom. Nothing in this Section 6(a) ), however, shall prohibit the Employee from owning securities of the Company or from owning as an inactive investor up to 5% of the outstanding voting securities of any issuer which is listed on the New York Stock Exchange, or American Stock Exchange or as to which trading is reported or quoted on the NASDAQ Stock Market or any of their respective successorssystem. If the Employee elects to directly or indirectly managesmanage, operatesoperate, controlscontrol, is be employed by, participates participate in, consults consult with, renders render services to, or is be connected in any manner with the management, operation, ownership or control of any business or venture which is in competition in the United States with the business of the Company, then the Employee acknowledges that the Company shall be is entitled to immediately terminate any and all severance payments being made pursuant to Section 7(b), if any, and other benefits to which payable under this Agreement as a result of the Employee would otherwise be entitledEmployee’s termination of employment under the conditions set forth in Section 7(b).

Non-Competition Restriction. Except with the prior written consent of the Company, the Employee shall not, either during his employment hereunder or for the period of time after termination of his employment hereunder during which the Employee accepts severance payments pursuant to Section 7(b) (if applicable), directly or indirectly manage, operate, control, be employed by, participate in, consult with, render services to, or be connected in any manner with the management, operation, ownership or control of any business or venture in competition in the United States with the business of the Company. For purposes of this Section 6(a), a business or venture shall be deemed to be in competition with the business of the Company if that business or venture or any of its affiliates manufactures, distributes, or otherwise engages in the design, sale, or transportation of cabinets for residential use, including but not limited to to, such cabinet products intended for the primary use in the kitchen or bathroom. Nothing in this Section 6(a) ), however, shall prohibit the Employee from owning securities of the Company or from owning as an inactive investor up to 5% of the outstanding voting securities of any issuer which is listed on the New York Stock Exchange, or American Stock Exchange or as to which trading is reported or quoted on the NASDAQ Stock Market or any of their respective successorssystem. If the Employee elects to directly or indirectly managesmanage, operatesoperate, controlscontrol, is be employed by, participates participate in, consults consult with, renders render services to, or is be connected in any manner with the management, operation, ownership or control of any business or venture which is in competition in the United States with the business of the Company, then the Employee acknowledges that the Company shall be is entitled to immediately terminate any and all severance payments being made pursuant to Section 7(b), if any, and other benefits to which payable under this Agreement as a result of the Employee would otherwise be entitledEmployee's termination of employment under the conditions set forth in Section 7(b).

Non-Competition Restriction. Except with the prior written consent of the Company, the Employee shall not, either during his employment hereunder or for the period of time after termination of his employment hereunder during which the Employee accepts severance payments pursuant to Section 7(b) (if applicable), directly or indirectly manage, operate, control, be employed by, participate in, consult with, render services to, or be connected in any manner with the management, operation, ownership or control of any business or venture in competition in the United States with the business of the Company. For purposes of this Section 6(a), a business or venture shall be deemed to be in competition with the business of the Company if that business or venture or any of its affiliates manufactures, distributes, or otherwise engages in the design, sale, or transportation of cabinets for residential use, including but not limited to such cabinet products intended for the primary use in the kitchen or bathroom. Nothing in this Section 6(a) ), however, shall prohibit the Employee from owning securities of the Company or from owning as an inactive investor up to 5% of the outstanding voting securities of any issuer which is listed on the New York Stock Exchange, or American Stock Exchange or as to which trading is reported or quoted on the NASDAQ Stock Market or any of their respective successorssystem. If the Employee elects to directly or indirectly managesmanage, operatesoperate, controlscontrol, is be employed by, participates participate in, consults consult with, renders render services to, or is be connected in any manner with the management, operation, ownership or control of any business or venture which is in competition in the United States with the business of the Company, then the Employee acknowledges that the Company shall be is entitled to immediately terminate any and all severance payments being made pursuant to Section 7(b), if any, and other benefits to which payable under this Agreement as a result of the Employee would otherwise be entitledEmployee's termination of employment under the conditions set forth in Section 7(b).

Non-Competition Restriction. Except with the prior written consent of the Company, the Employee shall not, either during his her employment hereunder or for the period of time after termination of his her employment hereunder during which the Employee accepts severance payments pursuant to Section 7(b) (if applicable), directly or indirectly manage, operate, control, be employed by, participate in, consult with, render services to, or be connected in any manner with the management, operation, ownership or control of any business or venture in competition in the United States with the business of the Company. For purposes of this Section 6(a), a business or venture shall be deemed to be in competition with the business of the Company if that business or venture or any of its affiliates manufactures, distributes, or otherwise engages in the design, sale, or transportation of cabinets for residential use, including but not limited to such cabinet products intended for the primary use in the kitchen or bathroom. Nothing in this Section 6(a) however, shall prohibit the Employee from owning securities of the Company or from owning as an inactive investor up to 5% of the outstanding voting securities of any issuer which is listed on the New York Stock Exchange, American Stock Exchange or the NASDAQ Stock Market or any of their respective successors. If the Employee directly or indirectly manages, operates, controls, is employed by, participates in, consults with, renders services to, or is connected in any manner with the management, operation, ownership or control of any business or venture which is in competition in the United States with the business of the Company, then the Company shall be entitled to immediately terminate any and all severance payments being made pursuant to Section 7(b), if any, and other benefits to which the Employee would otherwise be entitled.

Non-Competition Restriction. Except with the prior written consent of the Company, the Employee shall not, either during his employment hereunder or for the period of time after termination of his employment hereunder during which the Employee accepts severance payments pursuant to Section 7(b) (if applicable), directly or indirectly manage, operate, control, be employed by, participate in, consult with, render services to, or be connected in any manner with the management, operation, ownership or control of any business or venture in competition in the United States with the business of the Company. For purposes of this Section 6(a), a business or venture shall be deemed to be in competition with the business of the Company if that business or venture or any of its affiliates manufactures, distributes, or otherwise engages in the design, sale, or transportation of cabinets for residential use, including but not limited to such cabinet products intended for the primary use in the kitchen or bathroom. Nothing in this Section 6(a) however, shall prohibit the Employee from owning securities of the Company or from owning as an inactive investor up to 5% of the outstanding voting securities of any issuer which is listed on the New York Stock Exchange, or American Stock Exchange or as to which trading is reported or quoted on the NASDAQ Stock Market or any of their respective successorsSystem. If the Employee elects to directly or indirectly managesmanage, operatesoperate, controlscontrol, is be employed by, participates participate in, consults consult with, renders render services to, or is be connected in any manner with the management, operation, ownership or control of any business or venture which is in competition in the United States with the business of the Company, then the Employee acknowledges that the Company shall be is entitled to immediately terminate any and all severance payments being made pursuant to Section 7(b), if any, and other benefits to which payable under this Agreement as a result of the Employee would otherwise be entitledEmployee’s termination of employment under the conditions set forth in Section 7(b).