Restrictive Covenant Agreement Sample Contracts

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Enova International, Inc. Executive Change-In-Control Severance and Restrictive Covenant Agreement (Chief Executive Officer) (September 15th, 2017)

THIS EXECUTIVE CHANGE-IN-CONTROL SEVERANCE AND RESTRICTIVE COVENANT AGREEMENT (the "Agreement") is made and entered into by and between Enova International, Inc. (the "Company"), a Delaware corporation, and David A. Fisher ("Executive"), and is effective as of __________________, 2017 (hereinafter referred to as the "Effective Date").

Enova International, Inc. Executive Change-In-Control Severance and Restrictive Covenant Agreement (Executive Officers Other Than the CEO) (September 15th, 2017)

THIS EXECUTIVE CHANGE-IN-CONTROL SEVERANCE AND RESTRICTIVE COVENANT AGREEMENT (the "Agreement") is made and entered into by and between Enova International, Inc. (the "Company"), a Delaware corporation, and __________________ ("Executive"), and is effective as of __________________, 2017 (hereinafter referred to as the "Effective Date").

American Housing Income Trust, Inc. – Restrictive Covenant Agreement (August 7th, 2017)

This Restrictive Covenant Agreement (this "Agreement") is entered into and shall be deemed effective as of the "Closing," as that term is defined in the Stock Exchange Agreement dated March 1, 2017 (the "SEA") between American Housing Income Trust, Inc., a Maryland corporation ("AHIT") with a mailing address for notice purposes of 34225 North 27th Drive, Building 5, Suite 238 in Phoenix, Arizona 85085, and IX Biotechnology, Inc., a Wyoming corporation ("IXB") with a mailing address for notice purposes of 18662 MacAurthur Blvd., Suite 200 in Irvine, California, 92612. This Agreement is by and between AHIT, and IXB, and its respective control persons, affiliates, directors, officers and agents, including but not limited to Michael Ogburn, Joaquin Flores and Brian Werner, and their respective assigns, heirs or designees (collectively, the "IXB Persons" or individually, an/the "IXB Person").

Restrictive Covenant Agreement (August 4th, 2017)

This RESTRICTIVE COVENANT AGREEMENT ("Agreement") is by and between Fran Malecha ("Employee") and Compass Minerals International, Inc. by and on behalf of itself and any parent companies, successor companies, direct and indirect subsidiaries, other affiliated companies and assigns (hereinafter referred to collectively as "Company").

Sunoco LP – Separation and Restrictive Covenant Agreement and Full Release of Claims (June 23rd, 2017)

This Separation and Restrictive Covenant Agreement and Full Release of Claims (the Agreement) is by and between Sunoco LP and its and their subsidiaries and affiliates (SUN or Employer) and Robert W. Owens (Employee).

McDonald's – Confidentiality, Intellectual Property & Restrictive Covenant Agreement (May 8th, 2017)

THIS AGREEMENT is made by and between (hereinafter "Executive") and McDonald's Corporation, a Delaware corporation, on its own behalf and on behalf of its subsidiaries and its affiliates (defined as all entities controlled by, under common control with, or controlling McDonald's Corporation) as may exist from time to time (collectively hereinafter "McDonald's"), and shall be effective as of the date signed by the Executive (the "Effective Date").

Iii 9.4 Amendment, Modification and Waiver ................................................................ 52 9.5 Entire Agreement ..................................................................... ............................. 52 9.6 Severability ............................. .............................................................................. 52 9.7 Binding Effect; Assignment ............................................. ..................................... 52 9.8 No Third-Party Beneficiaries ..... ........................................................................... 53 9.9 (May 8th, 2017)
Restrictive Covenant Agreement (May 4th, 2017)

This Restrictive Covenant Agreement ("Agreement") is made and entered into effective as of the 1st day of May 2017 by and between Richard C. Paulin ("Paulin"), and HMAN Group Holdings Inc. ("HMAN") and The Hillman Group Canada ULC ("HGC") (together the "Company"):

Exhibit a Restrictive Covenant Agreement (April 3rd, 2017)

THIS RESTRICTIVE COVENANT AGREEMENT (the RCA) dated April 3, 2017, is by and between PEABODY ENERGY CORPORATION, a Delaware corporation (the Company), and (Grantee).

American Housing Income Trust, Inc. – Restrictive Covenant Agreement (March 17th, 2017)

This Restrictive Covenant Agreement (this "Agreement") is entered into and shall be deemed effective as of the "Closing," as that term is defined in the Stock Exchange Agreement dated March 1, 2017 (the "SEA") between American Housing Income Trust, Inc., a Maryland corporation ("AHIT") with a mailing address for notice purposes of 34225 North 27th Drive, Building 5, Suite 238 in Phoenix, Arizona 85085, and IX Biotechnology, Inc., a Wyoming corporation ("IXB") with a mailing address for notice purposes of 18662 MacAurthur Blvd., Suite 200 in Irvine, California, 92612. This Agreement is by and between AHIT, and IXB, and its respective control persons, affiliates, directors, officers and agents, including but not limited to Michael Ogburn, Joaquin Flores and Brian Werner, and their respective assigns, heirs or designees (collectively, the "IXB Persons" or individually, an/the "IXB Person").

Restrictive Covenant Agreement (March 1st, 2017)

This RESTRICTIVE COVENANT AGREEMENT ("Agreement") is by and between _____________ ("Employee") and Compass Minerals International, Inc. by and on behalf of itself and any parent companies, successor companies, direct and indirect subsidiaries, other affiliated companies and assigns (hereinafter referred to collectively as "Company").

Restrictive Covenant Agreement (March 1st, 2017)

This RESTRICTIVE COVENANT AGREEMENT ("Agreement") is by and between Fran Malecha "Employee") and Compass Minerals International, Inc. by and on behalf of itself and any parent companies, successor companies, affiliated companies, and assigns (hereinafter referred to collectively as "Company").

CVS Pharmacy, Inc. Restrictive Covenant Agreement (February 9th, 2017)

I, Jonathan C. Roberts, enter into this Restrictive Covenant Agreement ("Agreement") with CVS Pharmacy, Inc. ("CVS"), which is effective as of the date I sign the Agreement (the "Effective Date"). In consideration of the mutual promises in this Agreement, the parties agree as follows:

The Boston Beer Company, Inc. Proprietary Information and Restrictive Covenant Agreement (February 6th, 2017)

This Proprietary Information and Restrictive Covenant Agreement is being entered into by and between The Boston Beer Company, Inc., a Massachusetts corporation with its principal place of business at One Design Center Place, Suite 850, Massachusetts 02210, for itself and on behalf of all of its subsidiaries and affiliates, including but not limited to Boston Beer Corporation, American Craft Brewery LLC, and A&S Brewing Collaborative LLC (collectively, the Company), on the one hand, and MARTIN F. ROPER, who currently serves as President and Chief Executive Officer of the Company (you), on the other, effective as of the date (the Effective Date) on which you accepted the Companys proposal with respect to your Retirement, as defined in the letter agreement that set forth such proposal (the Retirement Letter Agreement and any other capitalized terms used in this Agreement and not otherwise defined shall have the respective meanings ascribed to them in the Retirement Letter Agreement).

Restrictive Covenant Agreement (January 12th, 2017)

This Restrictive Covenant Agreement (this Agreement) is made as of January 10, 2017 and is effective as of February 1, 2017 (the Effective Date), by and between Verso Corporation, a Delaware corporation (Verso), and B. Christopher DiSantis (Employee).

Advisor and Restrictive Covenant Agreement (January 3rd, 2017)

THIS ADVISOR AND RESTRICTIVE COVENANT AGREEMENT (this "Agreement"), dated as of December 29, 2016, is entered into by and between John A. Kanas (the "Mr. Kanas") and BankUnited, Inc., a corporation organized under the laws of the State of Delaware (the "Company").

Bryn Mawr Bank Corporation – EMPLOYEE Restrictive Covenant AGREEMENT (November 4th, 2016)

THIS EMPLOYEE RESTRICTIVE COVENANT AGREEMENT ("Agreement") is entered into, by and between The Bryn Mawr Trust Company ("Company") and Denise Rinear ("Employee") as of August 1, 2016.

Severance and Restrictive Covenant Agreement (November 3rd, 2016)

This SEVERANCE AND RESTRICTIVE COVENANT AGREEMENT (this "Agreement"), effective this 16th of August, 2016 ("Effective Date") by and between WPX Energy, Inc., WPX Energy Services Company, LLC, and their respective subsidiaries and affiliates (collectively the "Company"), and Michael Fiser (the "Executive"), sets forth the terms and understandings regarding the Executive's separation from the Company.

Santander Consumer USA Holdings Inc. – Form of Confidentiality and Restrictive Covenant Agreement (October 27th, 2016)

This Confidentiality and Restrictive Covenant Agreement ("Agreement") is entered into between Santander Consumer USA Inc., Santander Consumer USA Holdings, Inc. (collectively "Santander" or the "Company"), and _________________________ ("Employee"). In exchange for the mutual promises and obligations in this Agreement, Santander and Employee agree as follows:

Restrictive Covenant Agreement (October 7th, 2016)

THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and entered into this 7th day of October, 2016 (the "Effective Date"), by and between Chico's FAS, Inc., a Florida corporation, having a principal place of business at 11215 Metro Parkway, Fort Myers, FL 33966 (the "Employer"), and Diane Ellis (the "Executive"). In consideration of the mutual covenants herein contained and intending to be legally bound hereby, the parties hereto agree to the following:

Blackline, Inc. – Restrictive Covenant Agreement (September 30th, 2016)

This RESTRICTIVE COVENANT AGREEMENT (this Agreement), dated as of Aug 8, 2013, is made by and between Therese Tucker (the Equity Holder) and SLS Breeze Holdings, Inc. (the Parent), a Delaware corporation.

Blackline, Inc. – Restrictive Covenant Agreement (September 30th, 2016)

This RESTRICTIVE COVENANT AGREEMENT (this Agreement), dated as of August 9, 2013, is made by and between Mario Spanicciati (the Equity Holder) and SLS Breeze Holdings, Inc. (the Parent), a Delaware corporation.

Stonemor Partners L.P. – Confidentiality, Nondisclosure and Restrictive Covenant Agreement (August 5th, 2016)

In consideration of the commencement of my employment as General Counsel, Chief Legal Officer and Secretary StoneMor GP LLC (StoneMor or Company), the General Partner of StoneMor Partners, L.P., as described in my offer letter, and the other consideration as described in more detail below, the receipt and sufficiency of which I hereby acknowledge, and intending to be legally bound hereby, I, Austin So, state and agree as follows:

Severance and Restrictive Covenant Agreement (August 4th, 2016)

THIS SEVERANCE AND RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is dated as of ______, 20__ (the "Effective Date"), between TESSCO TECHNOLOGIES INCORPORATED, a Delaware corporation (the "Company"), and _____ ("Executive").

Severance and Restrictive Covenant Agreement (August 4th, 2016)

This SEVERANCE AND RESTRICTIVE COVENANT AGREEMENT (this "Agreement"), effective this 7th of July, 2016 ("Effective Date") by and between WPX Energy, Inc., WPX Energy Services Company, LLC, and their respective subsidiaries and affiliates (collectively the "Company"), and Marcia MacLeod (the "Executive"), sets forth the terms and understandings regarding the Executive's separation from the Company.

Wright Merger Payment and Restrictive Covenant Agreement (June 30th, 2016)

THIS MERGER PAYMENT AND RESTRICTIVE COVENANT (this Agreement) is made and entered into this 3rd day of May, 2016 by and between Bill D. Wright (Executive), Your Community Bankshares, Inc., an Indiana corporation (Seller), Your Community Bank (Seller Sub), Wesbanco, Inc., a West Virginia corporation (Wesbanco) and Wesbanco Bank, Inc. (Wesbanco Bank) (hereinafter, Seller, Seller Sub, Wesbanco and Wesbanco Bank shall be referred to collectively as the Employer).

Severance and Restrictive Covenant Agreement (June 6th, 2016)

THIS SEVERANCE AND RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is dated as of November ___, 2015 (the "Effective Date"), between TESSCO TECHNOLOGIES INCORPORATED, a Delaware corporation (the "Company"), and ________ ("Executive").

AdCare Health Systems, Inc. – Change in Control Severance Compensation and Restrictive Covenant Agreement (May 25th, 2016)

THIS SEVERANCE COMPENSATION AND RESTRICTIVE COVENANT AGREEMENT (the "Agreement") is dated as of May 20, 2016 between MiMedx Group, Inc., a Florida corporation (the "Company"), and Alexandra O. Haden (the "Executive").

Hancock Holding Company – Separation and Restrictive Covenant Agreement (May 9th, 2016)

This Separation and Restrictive Covenant Agreement (this "Agreement") by and between Hancock Holding Company, a Mississippi corporation (the "Company"), and Edward G. Francis ("Executive") is dated as of April 7, 2016.

American International Group, Inc. Release and Restrictive Covenant Agreement (May 2nd, 2016)

This Release and Restrictive Covenant Agreement (the "Agreement") is entered into by and between _________________________ (the "Employee") and American International Group, Inc., a Delaware Corporation (the "Company").

Employee Confidentiality and Restrictive Covenant Agreement (April 29th, 2016)

THIS EMPLOYEE CONFIDENTIALITY AND RESTRICTIVE COVENANT AGREEMENT (the "Agreement") is entered into as of ____________ __, 20__ (the "Effective Date"), between The Hershey Company, a Delaware corporation ("Employer" or "Hershey"), and the undersigned employee of Employer ("Employee"). This Agreement extends not only to Employee and Hershey, but also to Hershey's past and present affiliated and related companies, subsidiaries, joint ventures, affiliated entities, parent companies and its and their respective successors and assigns, its and their past, present and future benefit and severance plans, including the Equity and Incentive Compensation Plan ("EICP"), and its and their representatives, agents, trustees, officials, shareholders, officers, directors, employees, attorneys, benefit plan administrators and fiduciaries, both past and present, in their individual or representative capacities, and all of their successors and assigns (collectively with Hershey, the "Company").

Restrictive Covenant Agreement (March 16th, 2016)

This RESTRICTIVE COVENANT AGREEMENT (the "Agreement") dated [ ], is by and between PEABODY ENERGY CORPORATION, a Delaware corporation (the "Company"), and [ ] ("Grantee").

Safe Bulkers Inc – SAFE BULKERS, INC., - And - POLYS HAJIOANNOU AMENDED AND RESTATED RESTRICTIVE COVENANT AGREEMENT (March 4th, 2016)

THIS AMENDED AND RESTATED RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made on May 29, 2015, and amends and restates in its entirety that certain Restrictive Covenant Agreement, dated May 29, 2008, as amended by that certain Amendment No. 1 to Restrictive Covenant Agreement, dated February 25, 2014 (together, the "Original Agreement"),

Safe Bulkers Inc – SAFE BULKERS, INC., POLYS HAJIOANNOU, VORINI HOLDINGS INC. - And - MACHAIRIOTISSA HOLDINGS INC. AMENDED AND RESTATED RESTRICTIVE COVENANT AGREEMENT (March 4th, 2016)

THIS AMENDED AND RESTATED RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made on May 29, 2015, and amends and restates in its entirety that certain Restrictive Covenant Agreement, dated May 29, 2008, as amended by that certain Amendment No. 1 to Restrictive Covenant Agreement, dated December 7, 2011, and that certain Amendment No. 2 to Restrictive Covenant Agreement, dated February 25, 2014 (collectively, the "Original Agreement"),

H&E Equipment Services – Restrictive Covenant Agreement (February 25th, 2016)

In consideration of the restricted stock (the "Restricted Stock") granted to Leslie S. Magee (the "Executive") on October 12, 2015 by H&E Equipment Services, Inc., a Delaware corporation (the "Company"), pursuant to the grant award letter attached hereto as Exhibit A and for other valuable consideration the sufficiency of which is hereby acknowledged, intending to be legally bound, the Executive agrees to the terms and conditions set forth in this Restrictive Covenant Agreement (this "Agreement").