Duration and Extent of Restriction. 21 6.3 Restrictions with Respect to Customers...............................21 6.4
Duration and Extent of Restriction. Such Shareholder shall not, for a period ending five years after the Closing Date, within the United States or foreign countries, engage in a business (a) the same as, substantially similar to, or in general competition with the business being currently conducted by Company, at or within 12 months prior to the Closing Date or (b) pursue a "roll-up" or "consolidation" business strategy involving salon products. The term "engage in" shall include, but shall not be limited to, activities, whether direct or indirect, as proprietor, partner, shareholder, principal, agent, employee, consultant or lender; provided, however, that the ownership of not more than 5% in the aggregate by such Shareholder of the stock of a publicly held corporation shall not be included in such term.
Duration and Extent of Restriction. For a period of two (2) years following the Closing hereunder, Shareholder will not (individually, collectively, or in any combination, as principal, partner, member, investor, director, officer, agent, employee, consultant or otherwise) directly or indirectly (except as employees of Buyer or a subsidiary of Buyer) engage in, or directly or indirectly be financially interested in, any business which is engaged in pedi cab leasing at any place in the City and county of San Francisco. Nothing in the foregoing sentence shall be deemed, however, to prevent any Shareholder from owning securities of Buyer, or of any other publicly owned corporation engaged in any such business, provided that the total amount of securities of each class owned by such Shareholder either of record or beneficially in such other publicly owned corporation does not exceed one percent (1%) of the outstanding securities of such class. In addition, for a period of two (2) years following the Closing hereunder, Shareholder will not, directly or indirectly, induce or attempt to influence any employee, customer, independent contractor or supplier of Company to terminate his or her employment or any other relationship with Company. Shareholder shall not at any time use for Shareholder's personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of any person or entity, any confidential information of Company. "Confidential information," as used in the preceding sentence, means any information regarding Company's business methods, business policies, procedures, techniques, research or development projects or results; historical or projected financial information, budgets, trade secrets or other knowledge or processes of or developed by Company; any names and addresses of customers or clients or any data on or relating to past, present or prospective Company customers or clients; or any other confidential information relating to or dealing with the business, operations or activities of Company, excepting in each case information otherwise lawfully known generally by, or readily accessible to, the trade or the general public.
Duration and Extent of Restriction. 14.1.1 For a period of three (3) years following the Closing hereunder, the Seller will not, directly or indirectly, induce or attempt to influence any employee, customer, independent contractor or supplier of Company to terminate his or her employment or any other relationship with Company.
Duration and Extent of Restriction. 14.1.1 Principal acknowledges and agrees that it would substantially diminish the value to Buyer and Merger Sub of the transactions contemplated herein and the assets and the goodwill of Company were Principal to compete against Buyer subsequent to the consummation of this transaction. Principal agrees that for a period of three (3) years following the Closing hereunder, Principal will not directly or indirectly engage in, or directly or indirectly be financially interested in, any business which is engaged in the Business in the southeastern United States. Nothing in the foregoing sentence shall be deemed, however, to prevent any Seller from owning securities of Buyer, or of any other publicly owned company engaged in any such Business, provided that the total amount of securities of each class owned by Principal either of record or beneficially in such other publicly owned company does not exceed one percent (1%) of the outstanding securities of such class.
Duration and Extent of Restriction. For the period ending on the date that is six years from the date of this Agreement (the “Non-Competition Period”), Dick shall not engage or become financially interested in any Competitive Business within the Restricted Territory. As used herein, the term “Competitive Business” shall mean any individual, including on Dick’s own behalf, partnership, corporation, limited liability company, business, association, or other entity that sells or provides or attempts to sell or provide products or services that are the same, substantially similar to, or in competition with the products or services sold or provided by, contemplated by, or identified as a potential area of business by Quest as of the date of this Agreement. For further clarification, Competitive Business shall include, but not necessarily be limited to, the following entities known to Quest to be a Competitive Business: Safety-Kleen/Clean Harbors, Waste Management, Republic Services, Rubicon, River Road, Rock Tenn, Liberty Tire Recycling, Xxxxx Tire Recycling, Darling International, Xxxxxxx, Five Winds, Earth Shift and Pure Strategies. The term “Restricted Territory” shall mean any state or territory of the United States in which Quest’s Customers (defined below) are located, have operations in, or in which Quest has provided services or consummated sales to such Customers at any time during the Non-Competition Period. The term “engage in” shall include, but shall not be limited to, activities, whether direct or indirect, as proprietor, partner, stockholder, director, officer, principal, member, agent, employee, consultant, or lender; provided, however, that the ownership of not more than three percent in the aggregate by Dick of the stock of a publicly held corporation shall not be included in such term.
Duration and Extent of Restriction. Xxxxxx shall not, for a period ending January __, 2007, two (2) years after the date hereof (the "Closing Date"), within the geographic regions where Fusion is currently or is planning to operate its Business, engage in the Business the same as, similar to or in general competition with the Business being conducted by Fusion at or prior to the Closing Date; provided, however, that in the event Fusion <PAGE> consummates an initial public offering of its securities, the Closing Date shall be the two (2) year anniversary from the effective date of the registration
Duration and Extent of Restriction. The Fosses shall not, for a period ending five (5) years from and after the Closing Date, within Grand Junction, Colorado, engage in a business or enterprise which includes the sale, marketing, installation, service, or consultation regarding waste recycling, the same as or similar to, or in general competition with, the Business. The term "engage in" shall include, but shall not be limited to, activities, whether direct or indirect, as owner, proprietor, partner, joint venturer, franchisor, stockholder, consultant or lender.
Duration and Extent of Restriction. For a period of five (5) years following the Closing hereunder, Company will not directly or indirectly engage in, or directly or indirectly be financially interested in, any business which is engaged in the design and development of digital video recorders and related software, including the sale of Company products to competitors of Perpetual and/or Company, at any place in the United States. Nothing in the foregoing sentence shall be deemed, however, to prevent Company from owning securities of Buyer, or of any other publicly owned corporation engaged in any such business, provided that the total amount of securities of each class owned by Company either of record or beneficially in such other publicly owned corporation does not exceed one percent (1%) of the outstanding securities of such class. Further, nothing in this Agreement or any agreement or schedule attached hereto is deemed to prevent Company from selling, servicing and installing digital video recorders and all security related systems to end users in connection with its existing systems integration business.
Duration and Extent of Restriction. Neither Seller, nor any Seller Affiliate, nor any Designated Shareholder shall, for a period ending five years after the Closing Date, engage in a business that sells, rents, repairs, brokers, provides storage for, or leases boating products or services within a 200 mile radius of any location where MarineMax, Buyer, or [***] conducts business. The term "engage in" shall include, but shall not be limited to, activities, whether direct or indirect, as proprietor, partner, shareholder, landlord, principal, agent, employee, consultant or lender; provided, however, that the ownership of not more than 5% in the aggregate by Seller, Seller's Affiliates, and Designated Shareholders of the stock of a publicly held corporation shall not be included in such term. [***].
