Competes definition

Competes means the production, marketing, promotion, distribution or selling of any product, capability, functionality or service of any person or entity other than the Company which resembles or competes with a product or service produced, marketed, promoted, distributed or sold by the Company (or to your knowledge was under development by the Company) during the period of your employment by the Company (whether under this Agreement or otherwise).

Competes shall be defined as engaging in commercial, hotel and/or residential real estate development projects where total annual development costs for all such commercial, hotel and/or residential projects in Florida meet or exceed $50,000,000. The Company and Executive acknowledge the reasonableness of this covenant not to compete and the reasonableness of the geographic area and duration of time which are a part of said covenant. This covenant not to compete is contemplated to protect Company's legitimate business interests.

Competes means (1) to compete, conduct or participate or engage in, or bid for or otherwise pursue a business, whether as a principal, sole proprietor, partner, stockholder, or agent of, or consultant to or manager for, any Person or in any other capacity; or (2) have any debt or equity ownership interest in or actively assist, any Person or business that conducts, participates or engages in, or bids for or otherwise pursues a business, whether as a principal, sole proprietor, partner or stockholder, or agent of, or consultant to or manager for, any Person or in any other capacity; provided, that “Competes” shall not include ownership of less than 5% of the outstanding equity securities of a publicly-traded Person; provided, further, that “Competes” shall not include acting as a lender (including a Purchaser under the Facility Documents) to a Direct Competitor or acting in an advisory role to a Direct Competitor.

Examples of Competes in a sentence

• In return for the consideration given in this Agreement and in support of the promises therein, Employee agrees that Employee will not directly or indirectly solicit or hire any employee of the Parsley Group to be an employee or co-venturer in another matter that Competes or intends to Compete with Parsley during the Restricted Period in the Territory.

• Employment by, or an investment of less than one percent of equity capital in, a person or entity which Competes with Energen or the Subsidiaries does not constitute Competition by Participant so long as Participant does not directly participate in, assist or advise with respect to such Competition.

• If, subsequent to the termination of a Participant’s Employment, it is discovered that the Participant engaged in conduct which the Committee determines in good faith could have resulted in Participant’s Employment being terminated for Cause, as such term is defined above, or if the Participant Competes, the Participant’s Employment shall, at the election of the Committee, in its sole discretion, be deemed to have been terminated for Cause retroactively to the date the events giving rise to Cause occurred.

• Employment by, or an investment of less than one percent of equity capital in, a person or entity which Competes with Employer does not constitute Competition by Executive so long as Executive does not directly participate in, assist or advise with respect to such Competition.

• I acknowledge that the Company markets its products and services to persons throughout the United States through advertising and through its World Wide Web sites, and I agree that this non-compete provision is necessary to protect the Company against any business which Competes with the Company.

More Definitions of Competes

Competes with any Group Company means a Person, directly or indirectly, owns, manages, engages in, operates, Controls, works for, consults with, renders services for, does business with, maintains any interest in (proprietary, financial or otherwise) or participates in the ownership, management, operation or Control of, any Restricted Business, whether in corporate, proprietorship or partnership form or otherwise; provided, however, that such restrictions shall not apply to the acquisition by such Person, directly or indirectly, of less than one percent (1%) of the outstanding shares of any publicly traded company engaged in a Restricted Business.

Competes for purposes of this Agreement shall mean any one or more of the following activities:

Competes or "Competing" means, without the prior written consent of the Company directly or indirectly, providing consultive service with or without pay, owning, managing, operating, joining, controlling, participating in, or being connected as a stockholder, partner or otherwise with any business, individual, partner, firm corporation or other entity that (i) is in competition with the Company or any Subsidiary or affiliate of the Company to the extent its products are similar or materially related to those of the Company or any Subsidiary or affiliate of the Company (including products under development by the Company or any Subsidiary of affiliate of the Company) or (ii) otherwise engages in any business in which the Company or any Subsidiary or affiliate of the Company is engaged or proposes to engage, in either case as of the Termination Date; provided that "Compete" and "Competing" will not mean being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Competes as used in this RCA means engages in, or plans to engage in, the development, production, manufacture, marketing, or selling of any product or service of any person, business or organization, other than Xxxxxxxx Companies, which resemble or compete with a product or service of Xxxxxxxx Companies (or a product or service which, to Employee’s knowledge, was under development by Xxxxxxxx Companies) during Employee’s employment.

Competes means, [****]*.

Competes shall have the meaning set forth in the Employment Agreement executed by the applicable Member of Holdings. In the event an Employment Agreement with respect to a Member of Holdings is not then in effect, the definition of Compete(s) as set forth in the Employment Agreement attached hereto as Exhibit D shall be deemed to be fully restated and incorporated herein as the definition of Compete(s).

Competes or "Competing" means, without the prior written consent of -------- --------- the Company directly or indirectly, providing consultive service with or without pay, owning, managing, operating, joining, controlling, participating in, or being connected as a stockholder, partner or otherwise with any business, individual, partner, firm corporation or other entity that (i) is in competition with the Company or any Subsidiary or affiliate of the Company to the extent its products are similar or materially related to those of the Company or any Subsidiary or affiliate of the Company (including products under development by the Company or any Subsidiary of affiliate of the Company) or (ii) otherwise engages in any business in which the Company or any Subsidiary or affiliate of the Company is engaged or proposes to engage, in either case as of the Termination Date; provided that "Compete" and "Competing" will not mean being a ------- --------- passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.