Restrictive Covenant Agreement Sample Contracts

AdCare Health Systems, Inc. – Change in Control Severance Compensation and Restrictive Covenant Agreement (June 20th, 2018)

THIS SEVERANCE COMPENSATION AND RESTRICTIVE COVENANT AGREEMENT (the "Agreement") is dated as of April 19, 2018 between MiMedx Group, Inc., a Florida corporation (the "Company"), and EDWARD J. BORKOWSKI (the "Executive").

AdCare Health Systems, Inc. – Change in Control Severance Compensation and Restrictive Covenant Agreement (June 12th, 2018)

THIS SEVERANCE COMPENSATION AND RESTRICTIVE COVENANT AGREEMENT (the "Agreement") is dated as of _____ between MiMedx Group, Inc., a Florida corporation (the "Company"), and EDWARD J. BORKOWSKI (the "Executive").

Severance and Restrictive Covenant Agreement (June 1st, 2018)

THIS SEVERANCE AND RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is dated as of July ___, 2017 (the "Effective Date"), between TESSCO TECHNOLOGIES INCORPORATED, a Delaware corporation (the "Company"), and ELIZABETH S. ROBINSON ("Executive").

Carbon Black, Inc. – EMPLOYMENT AGREEMENT This Employment Agreement (The Agreement) Is Made on January 1, 2017 Between Carbon Black, Inc., (The Company), and Ryan Polk (The Executive). Except With Respect to the Confidentiality, Non-Disclosure, Non- Competition and Developments Agreement With the Company Dated December 2, 2016 (The Restrictive Covenant Agreement) Between the Company and the Executive, the Companys 2012 Stock Option and Grant Plan and Any Applicable Stock Option and/or Restricted Stock Agreements With the Company With Respect to Equity Grants Held by the Executive (Collectively, the Equity Documents (April 9th, 2018)

This Amendment (Amendment) is entered into effective January 1, 2018 , by and between Carbon Black, Inc., f/k/a Bit9, Inc. (the Company), and Ryan Polk (the Executive).

Carbon Black, Inc. – EMPLOYMENT AGREEMENT This Employment Agreement (The Agreement) Is Made on January 1, 2017 Between Carbon Black, Inc., (The Company), and Ryan Polk (The Executive). Except With Respect to the Confidentiality, Non-Disclosure, Non- Competition and Developments Agreement With the Company Dated December 2, 2016 (The Restrictive Covenant Agreement) Between the Company and the Executive, the Companys 2012 Stock Option and Grant Plan and Any Applicable Stock Option and/or Restricted Stock Agreements With the Company With Respect to Equity Grants Held by the Executive (Collectively, the Equity Documents (March 16th, 2018)

This Amendment (Amendment) is entered into effective January 1, 2018 , by and between Carbon Black, Inc., f/k/a Bit9, Inc. (the Company), and Ryan Polk (the Executive).

Restrictive Covenant Agreement (March 13th, 2018)

THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and entered into this 12th day of December, 2017 (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 David Pastrana (the "Executive"). In consideration of the mutual covenants herein contained and intending to be legally bound hereby, the parties hereto agree to the following:

Safe Bulkers Inc – SAFE BULKERS, INC., POLYS HAJIOANNOU, VORINI HOLDINGS INC. - And - MACHAIRIOTISSA HOLDINGS INC. SECOND AMENDED AND RESTATED RESTRICTIVE COVENANT AGREEMENT (March 2nd, 2018)

THIS SECOND AMENDED AND RESTATED RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made on August 2, 2017, 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, and as further amended and restated by that certain Amended and Restated Restrictive Covenant Agreement, dated May 29, 2015 (collectively, the "Original Agreement"),

Safe Bulkers Inc – SAFE BULKERS, INC., - And - POLYS HAJIOANNOU SECOND AMENDED AND RESTATED RESTRICTIVE COVENANT AGREEMENT (March 2nd, 2018)

THIS SECOND AMENDED AND RESTATED RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made on August 2, 2017, 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, and as further amended and restated by that certain Amended and Restated Restrictive Covenant Agreement, dated May 29, 2015 (together, the "Original Agreement"),

Phh Corp – Restrictive Covenant Agreement (March 1st, 2018)

THIS RESTRICTIVE COVENANT AGREEMENT ("Agreement") is executed as of November ____, 2017, by and between ______________("Employee" "Executive" or "Counsel") and PHH CORPORATION and its subsidiaries, affiliates and related entities (the "Company").

Phh Corp – Restrictive Covenant Agreement (March 1st, 2018)

THIS RESTRICTIVE COVENANT AGREEMENT ("Agreement") is executed as of __________________, 2017, by and between _____________ ("Employee") and PHH CORPORATION and its subsidiaries, affiliates and related entities (the "Company").

Frank's International N.V. – Employee Confidentiality and Restrictive Covenant Agreement (February 27th, 2018)

This Employee Confidentiality and Restrictive Covenant Agreement ("Agreement") is made and entered as of the 4th day of October, 2016, between Burney J. Latiolais, Jr. ("Employee") and Frank's International, LLC and its affiliated or subsidiary or parent companies (collectively referred to as the "Company"). The Company and Employee may be referred to individually as "Party," and/or collectively as the "Parties." The Company and Employee agree as follows:

Confidential Information, Work Product and Restrictive Covenant Agreement (February 22nd, 2018)

THE UNDERSIGNED ("Employee") has been offered employment with IDEX Corporation or one of its Groups, Divisions or Business Units (IDEX Corporation and its former, current and future Groups, Divisions and Business Units are referred to as "IDEX"; any entity that is part of IDEX and at some point employs Employee is referred to as an "IDEX Entity"; and the particular IDEX Entity that employs Employee as of the date of this Agreement is referred to as "Employer") and desires to become an employee of Employer or IDEX Entity.

Silver Run Acquisition Corp II – Restrictive Covenant Agreement (February 9th, 2018)

THIS RESTRICTIVE COVENANT AGREEMENT (this Agreement) is entered into as of February 9, 2018, by and between Alta Mesa Resources, Inc., a Delaware corporation (Buyer), and Asset Risk Management, LLC, a Delaware limited liability company (the Restricted Party). Capitalized terms used and not otherwise defined in this Agreement have the meanings ascribed to such terms in the Contribution Agreement (as defined below). Buyer and the Restricted Party are sometimes referred to collectively herein as the Parties and each, individually, as a Party.

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.