Noncompetition by Seller Sample Clauses

Noncompetition by Seller. (a) The following terms are used in this Section 2.1, with the meanings thereafter ascribed:
Sample 1
AutoNDA by SimpleDocs
Noncompetition by Seller. Except as specified in Section 8(c) below, for a period of five (5) years from and after the Effective Date, neither any Seller nor any Affiliate of Seller shall engage in, directly or indirectly, the airlaid nonwoven business or any other business conducted
Sample 1
Noncompetition by Seller. Seller, in order to induce Buyer to enter into this Agreement, expressly covenants and agrees that neither Seller, nor any person or entity controlling, controlled by or under common control with Seller will, directly or indirectly, for a period of three (3) years following the Closing Date, own, manage, operate, control, act as agent, consultant, surety or guarantor, or render any services of a business, commercial or professional nature to or participate in or be connected with any business, individual, partnership, firm, corporation or other organization which is at the time engaged, wholly or partly, in activities which are competitive, directly or indirectly, with the color prepress business for packaging and commercial printing as currently conducted by Barco Graphics NV (an affiliate of Buyer) and/or the subsidiaries of Barco Graphics NV; provided that, nothing set forth in this Section 5.02 shall prohibit Seller or any other person from (i) engaging in the development, sales and marketing of Seller's publishing products, including without limitation document and information management products, composition and pagination products, web delivery and management products and related third-party products, or (ii) owning not in excess of 5 in the aggregate of any class of capital stock of any corporation if such stock is publicly traded and listed on any national or regional stock exchange or on the Nasdaq National Market or any other over-the-counter market system.
Sample 1
Noncompetition by Seller. Except for a six months period following the Effective Date to transition the Kotka, Finland plant out of the Walkisoft business, for a period of five (5) years from and after the Effective Date, neither the Seller nor any Affiliated Company of Seller shall engage in, directly or indirectly, the airlaid nonwoven business or any other business conducted by Seller as of the Effective Date (the "Restricted Business") anywhere in the world (each of Parties hereto acknowledging that the business as conducted by Seller is an expanding global business with current worldwide sales); provided, however, that no owner of less than 1% of the outstanding stock of any publicly-traded corporation shall be deemed to engage solely by reason thereof in the Restricted Business. Notwithstanding the foregoing, Seller or an Affiliated Company shall be permitted to acquire another business which has an airlaid nonwoven division or subsidiary comprising not more than 3 % of the gross sales for such acquired business for its last full fiscal year. In such event, Seller or its applicable Affiliated Company shall use its best efforts to dispose of the airlaid nonwoven division or subsidiary of the acquired business as soon as commercially practicable to do so and as part of such process, shall give Buckeye Inc. or its affiliated companies within the meaning ofss.ss.15
Sample 1
Noncompetition by Seller. Except upon return to work following total temporary disability, Seller agrees that he or she will not provide public accounting service of any nature as employer, employee, principal, agent, sharehold- er, or otherwise, directly or indirectly, for any of his clients who accept the services of Purchaser (except during total temporary disability of Seller), at any time during the period beginning with the Effective Date and ending on the date ( ) years after the Effective Date. If Seller does provide public accounting services in violation hereof to Seller’s clients who accept Purchaser’s ser- vices, Purchaser shall be entitled to recover damages and to obtain an injunction by any competent court of equity enjoining and restraining him or her and each and every other person concerned thereby from continuance of providing public accounting services to such clients or other act in aid of a rival concern providing such public accounting services to such clients in violation hereof.
Sample 1

Related to Noncompetition by Seller

  • Noncompetition; Nonsolicitation (a) The Executive acknowledges that in the course of his employment with the Company pursuant to this Agreement he will become familiar, and during the course of his employment by the Company or any of its subsidiaries or affiliates or any predecessor thereof prior to the date of this Agreement he has become familiar, with trade secrets and customer lists of and other confidential information concerning the Company and its subsidiaries and affiliates and predecessors thereof and that his services have been and will be of special, unique and extraordinary value to the Company.

  • Noncompetition and Nonsolicitation Executive acknowledges that in the course of his employment with Employer he will become familiar with the Company’s, Employer’s and their respective Subsidiaries’ trade secrets and with other confidential information concerning the Company, Employer and such Subsidiaries and that his services will be of special, unique and extraordinary value to the Company and Employer and such Subsidiaries. Therefore, Executive agrees that:

  • Noncompetition Nonsolicitation and Nondisparagement The Executive acknowledges and agrees with the Company that, during the course of the Executive's employment with the Company, the Executive has had and will continue to have the opportunity to develop relationships with existing employees, customers and other business associates of the Company, which relationships constitute goodwill of the Company, and the Executive acknowledges and agrees that the Company would be irreparably damaged if the Executive were to take actions that would damage or misappropriate such goodwill. The Executive accordingly covenants and agrees as follows:

  • Nonsolicitation and Noncompetition 4.1 During the Employee’s employment with the Company, and for a period expiring eighteen (18) months after the termination of the Employee’s employment (the “Restrictive Period”), regardless of the reason, if any, for such termination, the Employee shall not, in the United States, Western Europe or Canada, directly or indirectly:

  • Noncompetition and Nonsolicitation Covenants In consideration for -------------------------------------------- the Company's entering into this Agreement and for the payment of any benefits hereunder, Officer hereby agrees that he or she will not, during the term of his or her employment pursuant to this Agreement and the Applicable Severance Period, if any, do any of the following without the prior written consent of the Chief Executive Officer:

  • Noncompetition Except as may otherwise be approved by the Board, during the term of Executive’s employment, Executive shall not have any ownership interest (of record or beneficial) in, or have any interest as an employee, salesman, consultant, officer or director in, or otherwise aid or assist in any manner, any firm, corporation, partnership, proprietorship or other business that engages in any county, city or part thereof in the United States and/or any foreign country in a business which competes directly or indirectly (as determined by the Board) with the Company’s business in such county, city or part thereof, so long as the Company, or any successor in interest of the Company to the business and goodwill of the Company, remains engaged in such business in such county, city or part thereof or continues to solicit customers or potential customers therein; provided, however, that Executive may own, directly or indirectly, solely as an investment, securities of any entity which are traded on any national securities exchange if Executive (x) is not a controlling person of, or a member of a group which controls, such entity; or (y) does not, directly or indirectly, own one percent (1%) or more of any class of securities of any such entity.

  • Noncompetition and Confidentiality (a) The parties recognize that the employment of Executive with the Company has been and will continue to be special, unique and of an extraordinary character, and in connection with such employment Executive has and will continue to acquire special skill and training. The parties also recognize that the covenants of Executive contained in this Section 9 are an essential part of Executive’s engagement by the Company and that, but for the agreement of the Executive to comply with such covenants, the Company would not have entered into this Agreement. Executive accordingly agrees that, during the Term, (i) Executive shall not act or serve, directly or indirectly, as a principal, agent, independent contractor, consultant, director, officer, executive, employee or advisor or in any other position or capacity with or for, or acquire a direct or indirect ownership interest in or otherwise conduct (whether as stockholder, partner, investor, joint venturer, or as owner of any other type of interest), any Competing Business (defined below); provided, however, that this clause shall not prohibit the Executive from being the owner of (A) up to 5% of any class of outstanding securities of any entity if such class of securities is publicly traded or (B) any other securities owned by Executive on the date of this Agreement, and (ii) Executive shall not, in connection with or for the benefit of any person or entity engaged in the non-hazardous solid waste business, solicit, induce, divert or take away, any officer, employee or consultant of the Company.

Time is Money Join Law Insider Premium to draft better contracts faster.