Compete Period definition

Compete Period shall begin on the Closing Date (as defined in the Purchase Agreement) and end either: (i) if the Date of Termination is before the EBITDA Threshold (as defined in the Purchase Agreement) is achieved, the longer of one (1) year after the Date of Termination or three (3) years after the Closing Date; or (ii) if the Date of Termination is after the EBITDA Threshold is achieved, one (1) year after the Date of Termination. The parties agree that they shall not during such period make public statements in derogation of each other, except as may be required by law. For the purposes of this Section, the term "Subject Company" shall mean Intek and any direct or indirect subsidiaries, parents and affiliates of Intek including Acorn. Competing directly or materially with the Subject Company shall mean (a) either (i) engaging or (ii) having a material interest (any ownership or profit interest over 5% always being material), directly or indirectly, as owner, employee, officer, director, partner, venturer, shareholder, capital investor, consultant, agent, principal, advisor or otherwise, either alone or in association with others, in the operation of any individual or entity engaged in (b) the Business within Canada or the continental United States, including the California counties which would appear here if each county in California was listed here. Competing directly or materially with the Subject Company, as used in this Agreement, shall be deemed not to include an ownership interest as an inactive investor, which for purposes of this Section shall mean the beneficial ownership of less than five percent (5%) of the outstanding shares of any series or class of securities of any competitor of the Subject Company, which shares are publicly traded in the securities markets. The Key Shareholders agree that the Business is inherently nationwide in scope.
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Compete Period shall be automatically extended by a number of days equal to the total number of days in the period from the date on which such breach shall have first occurred through the date as of which such breach shall have been fully cured. Because the Company does business throughout the continental United States and Canada, and Employee, as the President and CEO has responsibility for the Company, the geographic area for the restrictive covenant is the continental United States and Canada. If for any reason any court of competent jurisdiction finds these covenants to be unreasonable in duration or geographic scope, the prohibitions herein contained shall be restricted to such time and geographic areas as such court determines to be reasonable and enforceable. However, the restrictions stated above will not apply if Company liquidates or if Employee becomes employed by a company (or its affiliate) which acquires (in a voluntary transaction) the stock or business assets of Company.
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Compete Period means:
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Examples of Compete Period in a sentence

  • The Executive agrees that, before providing services, whether as an employee or consultant, to any entity during the Non Compete Period, he will provide a copy of this Agreement to such entity and acknowledge, to the Company in writing, that he has done so.

  • Compete Period, Executive shall not directly or indirectly solicit to enter into the employ of any other Entity, or hire, any of the employees of the Employer (or individuals who were employees of the Employer within six months of termination of the Non-Compete Period).

  • The Executive agrees that, before providing services, whether as an employee or consultant, to any entity during the Non Compete Period, she will provide a copy of this Agreement to such entity and acknowledge, to the Company in writing, that she has done so.

  • The early attempts of the Commercial Internet eXchange (CIX) arrangements in the United States in the early 1990s were based on a description of the infrastructure of each party, in which acknowledgments of peer capability were based on the operation of a national transit infrastructure of a minimum specified capability.

  • The Executive agrees that, before providing services, whether as an employee or consultant, to any entity during the Non Compete Period, he will provide a copy of this Agreement to such entity and acknowledge, to the company in writing, that he has done so.

  • For so long as Xx. Xxxx Gain is a Director/Employee of Monster Offers and for two years thereafter (the "Non- Compete Period"), the accounts and customers of Monster Offers will not be solicited, directly or indirectly, by Mr. Gain, or by any individual or company with whom the Seller is affiliated as partner, director, founder, officer, employee, consultant, contractor or other business relationship by which Mr. Gain would benefit as a result of any such solicitation.

  • Notwithstanding any other provision to the contrary, I acknowledge and agree that the Post-Termination Non- Compete Period, or Post-Termination Non-Interference Period, as applicable, shall be tolled during any period of violation of any of the covenants in Section 5 hereof and during any other period required for litigation during which the Company or any other member of the Company Group seeks to enforce such covenants against me if it is ultimately determined that I was in breach of such covenants.

  • With respect to TI, the Non Compete provisions contained in this Section 14.2 shall expire at the end of the Non Compete Period.

  • Executive's agreement not to compete with the Company Group during the Non- Compete Period shall also prohibit Employee from owning a greater than 5% equity interest in, serving as a director, officer, employee or partner of, or being a consultant to or co-venturer with any business enterprise or activity that competes in North America with any line of business conducted by the Company Group at the Separation Date.

  • Further, each Principal agrees that during such Non- Compete Period, he shall not solicit nor employ any person who is employed by the Licensee or the Company during the Non-Compete Period.


More Definitions of Compete Period

Compete Period means the period beginning on the Effective Date and ending (i) if Executive is terminated by the Company pursuant to Sections 5(c) or 5(e) or by Executive pursuant to Section 5(d), on the later of (A) four (4) years following the Effective Date, and (B) two (2) years following the Executive's termination of employment, and (ii) if Executive is terminated pursuant to Section 5(b), two (2) years following the Executive's termination of employment.
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Compete Period as defined in Section 5 (a) of the Employment Agreement and as applicable in Section 5(c) of the Employment Agreement shall extend through May 10, 2007.
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Compete Period. For purposes of this Paragraph 5, the term "Noncompete Period" means the period commencing on the Effective Date of this Agreement and, ending on the earlier of (i) the third anniversary of the Effective Date or (ii) the date the Warrant is no longer outstanding and exercisable, as a result of its exercise or cancellation, or (iii) the date a "Change in Control" of the Company occurs as such term is defined in Paragraph 6(c) of the Option Agreement dated November 12, 1996.
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Related to Compete Period

  • Non-Compete Period means the period commencing on the Effective Date and ending twelve months after the earlier of the expiration of the Employment Period or the Executive’s Date of Termination.

  • Noncompete Period means the period beginning on the Closing Date and continuing for a period of five (5) years from the Closing Date.

  • Noncompetition Period has the meaning set forth in Section 9.01.

  • Non-Compete Term means the period from the date of Executive’s employment to the date ending: (A) on the date of termination if terminated by the Company for Cause, or (B) in all other cases of termination, at the end of a period of consecutive months following the date of termination equivalent to 50% of the number of months for which the Executive is entitled to receive severance benefits assuming (if applicable) Executive will give notice of his intent to comply with SECTIONS 2.3(c) and SECTION 2.4 pursuant to SECTION 3.2.

  • Non-Competition Period means the period the Executive is employed by the Company plus one (1) year from the Termination Date if the Executive's employment is terminated (i) by the Company for any reason, (ii) by the Executive for any reason, or (iii) by reason of either the Company's or the Executive's decision not to extend the term of this Agreement as contemplated by Section 1 hereof.

  • Restrictive Period means the period beginning on the Effective Date and ending two (2) years after the termination of the Executive’s employment hereunder.

  • Hire Period means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events:

  • Consulting Period has the meaning assigned thereto in Section 14(f) hereof.

  • Nonsolicitation Period means the Employment Period and a period ending eighteen months after the Date of Termination;

  • Restraint Period means a period of 12 (twelve) months calculated from the termination date;

  • Non-Solicitation Period means a period of 12 months after the termination of Executive’s employment with the Company.

  • Covenant Period means the period of time from the date of this Agreement to the date that is two years after the Date of Termination.

  • Restricted Period means the 40-day distribution compliance period as defined in Regulation S.

  • PEA Period means the period commencing at 9:30 a.m., Eastern time, on the fifth (5th) Business Day immediately prior to the filing of any post-effective amendment to the Registration Statement (as defined herein) or New Registration Statement (as such term is defined in the Registration Rights Agreement), and ending at 9:30 a.m., Eastern time, on the Business Day immediately following, the effective date of any post-effective amendment to the Registration Statement (as defined herein) or New Registration Statement (as such term is defined in the Registration Rights Agreement).

  • Exclusive Period means the period of time set forth in Section 2.2.

  • Transition Period means the period beginning with the Registration Date and ending as of the earlier of: (i) the date of the first annual meeting of stockholders of the Company at which directors are to be elected that occurs after the close of the third calendar year following the calendar year in which the Registration Date occurs; and (ii) the expiration of the “reliance period” under Treasury Regulation Section 1.162-27(f)(2).

  • Affiliation period means a period which, under the terms of the health insurance coverage offered

  • Voting Period has the meaning set forth in Section 11.5(b) of these Bylaws.

  • Specified Period means the period beginning on the commencement date and terminating in accordance with section 72(6) of the Act;

  • Agreement Period shall have the meaning ascribed thereto in Clause 3.2 of this Agreement.

  • PAGA Period means the period from to .iii

  • Coverage Period means the time period specified on the Declarations Page beginning on the effective date and ending on the expiration date. All dates are as of 12:01 AM in the time zone of the Policyholder.

  • Promotion Period means the period the Promotion is open, as specified in clause 5.1.

  • Competitive Activity means the Executive’s participation, without the written consent signed by an officer of the Company and authorized by the Board, in the management of any business enterprise if (i) such enterprise engages in substantial and direct competition with the Company and such enterprise’s sales of any product or service competitive with any product or service of the Company amounted to 10% of such enterprise’s net sales for its most recently completed fiscal year and if the Company’s net sales of said product or service amounted to 10% of the Company’s net sales for its most recently completed fiscal year or (ii) the primary business done or intended to be done by such enterprise is in direct competition with the business of providing facility services in any geographic market in which the Company operates. “Competitive Activity” will not include the mere ownership of securities in any such enterprise and the exercise of rights appurtenant thereto, if such ownership is less than 5% of the outstanding voting securities or units of such enterprise.

  • Extended Period As defined in Section 9.04(b).

  • Period of Limited Activity means any period of time during which a person is confined in a Hospital or nursing facility or if not confined, unable to carry on the regular and usual activities of a healthy person of the same age and sex.