Common use of Covenant Not to Compete; Non-Interference Clause in Contracts

Covenant Not to Compete; Non-Interference. 6.2.1 The Executive covenants and undertakes that, during the period of his employment hereunder and for a period of two (2) years hereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the same geographic market in which the Company conducts business which is similar to or in competition with any of the businesses carried on by the Company (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding.

Covenant Not to Compete; Non-Interference. 6.2.1 The Executive covenants and undertakes that, during the period of his her employment hereunder and for a period of two one (21) years hereafteryear thereafter, he she will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a the business in of distributing, manufacturing or assembling embroidery equipment or software for the same geographic market in which the Company conducts business which is similar to embroidery industry or in competition with any of the businesses carried on by the Company providing retail embroidery services (a "Similar Business") except in the course of his her employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his her investment does not exceed, in the case of any class of the capital stock of any one issuer, 52% of the issued and outstanding shares, or in the case of bonds or other securities, 52% of the aggregate principal amount thereof issued and outstanding.

Covenant Not to Compete; Non-Interference. 6.2.1 The Executive covenants and undertakes that, during the period of his employment hereunder and for a period of two (2) years hereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a the business in of distributing, manufacturing or assembling embroidery equipment or software for the same geographic market in which the Company conducts business which is similar to embroidery industry or in competition with any of the businesses carried on by the Company providing retail embroidery services (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 52% of the issued and outstanding shares, or in the case of bonds or other securities, 52% of the aggregate principal amount thereof issued and outstanding.

Covenant Not to Compete; Non-Interference. 6.2.1 7.2.1 The Executive covenants and undertakes that, during the period of his employment hereunder and for a period of two (2) years hereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business located in the same geographic market in which the Company conducts business New York metropolitan area which is similar to or in competition with any of the businesses carried on by the Company (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g12 (g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% two (2%) percent of the issued and outstanding shares, or in the case of bonds or other securities, five (5% %) percent of the aggregate principal amount thereof issued and outstanding.

Covenant Not to Compete; Non-Interference. 6.2.1 The Executive covenants and undertakes that, during the period of his her employment hereunder and for a period of two one (21) years hereafteryear thereafter, he she will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a the business in of distributing, manufacturing or assembling embroidery equipment or software for the same geographic market in which the Company conducts business which is similar to embroidery industry or in competition with any of the businesses carried on by the Company providing retail embroidery services (a "Similar Business") throughout the United States ("Territory") except in the course of his her employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his her investment does not exceed, in the case of any class of the capital stock of any one issuer, 52% of the issued and outstanding shares, or in the case of bonds or other securities, 52% of the aggregate principal amount thereof issued and outstanding.

Covenant Not to Compete; Non-Interference. 6.2.1 The Executive covenants and undertakes that, during the period of his employment hereunder and for a period of two three (23) years hereafterfrom the date hereof, except as provided in Section 9, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the same geographic market in which the Company conducts business Continental United States which is similar to or in competition with any of the businesses carried on by the Company (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding.

Covenant Not to Compete; Non-Interference. 6.2.1 The 6.2.1The Executive covenants and undertakes that, during the period of his employment hereunder and for a period of two one (21) years hereafteryear thereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a the business in of distributing, manufacturing or assembling embroidery equipment or software for the same geographic market in which the Company conducts business which is similar to embroidery industry or in competition with any of the businesses carried on by the Company providing retail embroidery services (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 52% of the issued and outstanding shares, or in the case of bonds or other securities, 52% of the aggregate principal amount thereof issued and outstanding.