Restrictive Covenants Clause Example with 4 Variations from Business Contracts

Restrictive Covenants. (a) No Solicitation of Customers. During the Executive's employment with the Employer and for a period of 12 18 months thereafter, the Executive shall not (except on behalf of or with the prior written consent of the Employer), either directly or indirectly, on the Executive's own behalf or in the service or on behalf of others, (i) solicit, divert, or appropriate to or for a Competing Business, or (ii) attempt to solicit, divert, or appropriate to or for a Competing Business any person or entit...y that is or was a customer of the Company or any of its Affiliates on the date of termination and with whom the Executive has had material contact. (b) No Recruitment of Personnel. During the Executive's employment with the Employer and for a period of 12 18 months thereafter, the Executive shall not, either directly or indirectly, on the Executive's own behalf or in the service or on behalf of others, (i) solicit, divert or hire away; or (ii) attempt to solicit, divert, or hire away to any Competing Business, any employee of or consultant to the Company or any of its Affiliates engaged or experienced in the Business, regardless of whether the employee or consultant is full-time or temporary, the employment or engagement is pursuant to written agreement, or the employment is for a determined period or is at will. 10 (c) Non-Competition Agreement. During the Executive's employment with the Employer and for a period of 12 18 months thereafter, the Executive shall not (without the prior written consent of the Employer) compete with the Company or any of its Affiliates by, Employer), directly or indirectly, forming, serving whether as an organizer, director owner, partner, shareholder, consultant, agent, employee, co-venturer or officer of, otherwise, engage, participate, assist or consultant to, invest in any Competing Business within the Territory, determined as of the Termination Date, except as agreed to pursuant to a resolution duly adopted by the Board. The Executive agrees that during such period and within said Territory, the Executive shall not work for or acquiring advise, consult or maintaining more than a 1% passive investment in, a depository financial institution otherwise serve with, directly or holding company therefor if such depository institution indirectly, any entity whose business materially competes with the depository, lending or holding company has one other business activities of the Bank or more offices or branches located its affiliates. The parties hereto, recognizing that irreparable injury will result to the Bank, business and property in the Territory. event of the Executive's breach of this Section 9(c), agree that in the event of any such breach by the Executive, the Bank will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by the Executive, the Executive's partners, agents, servants, employees and all persons acting for or under the direction of the Executive. The Executive represents and admits that, in the event of the termination of his employment pursuant to this Agreement, the Executive's experience and capabilities are such that the Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Bank, and that the enforcement of a remedy by way of injunction will not prevent the Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Bank from pursuing any other remedies available to the Bank for such breach or threatened breach, including the recovery of damages from the Executive. Notwithstanding the foregoing, the Executive may serve as an officer own up to one percent (1%) of the outstanding stock of a publicly held corporation which constitutes or consultant to is affiliated with a depository institution or holding company therefor even though such institution operates Competing Business.10. Independent Provisions. The provisions in each of the above Sections 9(a), 9(b), 9(c), and 9(d) are independent, and the unenforceability of any one or more offices or branches in provision shall not affect the Territory, if the Executive's employment does not directly involve, in whole or in part, the depository financial institution's or holding company's operations in the Territory. enforceability of any other provision. View More

Restrictive Covenants. (a) No Solicitation of Customers. During the Executive's employment with the Employer and for a period of 12 18 months thereafter, the Executive shall not (except on behalf of or with the prior written consent of the Employer), either directly or indirectly, on the Executive's own behalf or in the service or on behalf of others, (i) solicit, divert, or appropriate to or for a Competing Business, or (ii) attempt to solicit, divert, or appropriate to or for a Competing Business any person or entit...y that is or was a customer of the Company or any of its Affiliates on the date of termination and with whom the Executive has had material contact. (b) No Recruitment of Personnel. During the Executive's employment with the Employer and for a period of 12 18 months thereafter, the Executive shall not, either directly or indirectly, on the Executive's own behalf or in the service or on behalf of others, (i) solicit, divert or hire away; or (ii) attempt to solicit, divert, or hire away to any Competing Business, any employee of or consultant to the Company or any of its Affiliates engaged or experienced in the Business, regardless of whether the employee or consultant is full-time or temporary, the employment or engagement is pursuant to written agreement, or the employment is for a determined period or is at will. 10 12 Execution Version (c) Non-Competition Agreement. During the Executive's employment with the Employer and for a period of 12 18 months thereafter, the Executive shall not (without the prior written consent of the Employer) compete with the Company or any of its Affiliates by, directly or indirectly, forming, serving as an organizer, director or officer of, or consultant to, or acquiring or maintaining more than a 1% passive investment in, a depository financial institution or holding company therefor if such depository institution or holding company has one or more offices or branches located in the Territory. Notwithstanding the foregoing, the Executive may serve as an officer of or consultant to a depository institution or holding company therefor even though such institution operates one or more offices or branches in the Territory, if the Executive's employment does not directly involve, in whole or in part, the depository financial institution's or holding company's operations in the Territory. (d) No Solicitation of Referrals from SmartBiz Loans. During the Executive's employment with the Employer and for a period of 18 months thereafter, the Executive shall not (without the prior written consent of the Employer) attempt to solicit or divert referrals of SBA 7(a) loans from Better Finance, Inc. d/b/a SmartBiz Loans (and its successors or assigns that provide an online marketplace for SBA 7(a) loans) to any Competing Business. View More

Restrictive Covenants. (a) No Solicitation of Customers. During the Executive's employment with the Employer and for a period of 12 months thereafter, the Executive shall not (except on behalf of or with the prior written consent of the Employer), either directly or indirectly, on the Executive's own behalf or in the service or on behalf of others, (i) (A) solicit, divert, or appropriate to or for a Competing Business, or (ii) (B) attempt to solicit, divert, or appropriate to or for a Competing Business Business, any ...person or entity that is or was a customer of the Company Employer or any of its Affiliates on at any time during the 12 months prior to the date of termination and with whom the Executive has had material contact. (b) No Recruitment of Personnel. During the Executive's employment with the Employer and for a period of 12 months thereafter, the Executive shall not, either directly or indirectly, on the Executive's own behalf or in the service or on behalf of others, (i) (A) solicit, divert divert, or hire away; away, or (ii) (B) attempt to solicit, divert, or hire away away, to any Competing Business, any employee of or consultant to the Company Employer or any of its Affiliates engaged or experienced in the Business, Affiliates, regardless of whether the employee or consultant is full-time or temporary, the employment or engagement is pursuant to written agreement, or the employment is for a determined period or is at will. 10 (c) Non-Competition Agreement. During the Executive's employment with the Employer and for a period of 12 months thereafter, the Executive shall not (without the prior written consent of the Employer) compete with the Company Employer or any of its Affiliates by, directly or indirectly, forming, serving as an organizer, director director, employee, agent, or officer of, or consultant to, or acquiring or maintaining more than a 1% passive investment in, a depository financial institution or institution, holding company therefor therefor, or venture debt fund if such depository institution or institution, holding company or venture debt fund engages in the "Business" and has one or more offices or branches located in in, or solicits or accepts business from, the Territory. Notwithstanding the foregoing, the Executive may serve Territory or is specifically identified as an officer of or consultant to a depository institution or holding company therefor even though such institution operates one or more offices or branches in the Territory, if the Executive's employment does not directly involve, in whole or in part, the depository financial institution's or holding company's operations in the Territory. "Competing Business". View More

Restrictive Covenants. (a) No Solicitation of Customers. During the Executive's employment with the Employer and for a period of 12 months thereafter, thereafter (regardless of whether this Agreement terminates or expires), the Executive shall not (except on behalf of or with the prior written consent of the Employer), either directly or indirectly, on the Executive's own behalf or in the service or on behalf of others, (i) (A) solicit, divert, or appropriate to or for a Competing Business, or (ii) (B) attempt to soli...cit, divert, or appropriate to or for a Competing Business Business, any person or entity that is or was a customer of the Company Employer or any of its Affiliates on at any time during the 12 months prior to the date of termination and with whom the Executive has had material contact. The parties agree that solicitation of such a customer to acquire stock in a Competing Business during this time period would be a violation of this Section 9(a). (b) No Recruitment of Personnel. During the Executive's employment with the Employer and for a period of 12 months thereafter, thereafter (regardless of whether this Agreement terminates or expires), the Executive shall not, either directly or indirectly, on the Executive's own behalf or in the service or on behalf of others, (i) (A) solicit, divert divert, or hire away; away, or (ii) (B) attempt to solicit, divert, or hire away away, to any Competing Business, Business located in the Territory, any employee of or consultant to the Company Employer or any of its Affiliates engaged or experienced in the Business, Affiliates, regardless of whether the employee or consultant is full-time or temporary, the employment or engagement is pursuant to written agreement, or the employment is for a determined period or is at will. 10 For purposes of this Section, "employee of or consultant to the Employer" shall mean (A) any individual employed by the Employer at the time of the actual or attempted solicitation, diversion or hiring, or (B) any individual employed by the Employer at the time of Employee's termination of employment with the Employer. 7 (c) Non-Competition Agreement. During the Executive's employment with the Employer and for a period of 12 months thereafter, following any termination (as opposed to expiration) of this Agreement, the Executive shall not (without the prior written consent of the Employer) compete with the Company Employer or any of its Affiliates by, directly or indirectly, forming, serving as an organizer, director organizer or officer of, or consultant to, or acquiring or maintaining more than a 1% passive investment in, a depository financial institution or holding company therefor if such depository institution or holding company has has, or upon formation will have, one or more offices or branches located in the Territory. Notwithstanding the foregoing, the Executive may serve as an officer of or consultant to a depository institution or holding company therefor even though such institution operates one or more offices or branches in the Territory, if the Executive's employment does not directly involve, in whole or in part, the depository financial institution's or holding company's operations in the Territory. (d) Bank Receivership. Notwithstanding Sections 9(a-c) above, if Executive's employment with the Employer shall terminate due to the Bank being taken into receivership by the FDIC, then the restrictive covenants of this Section 9 shall not apply to the Executive beginning as of the date of such receivership. View More