Competitive Activity

Competitive Activity. Means any activity in which the Executive uses the Executive's knowledge, directly or indirectly, in whole or in part, as an employee, employer, owner, operator, manager, advisor, consultant, agent, partner, member, director, stockholder, officer, volunteer, intern, or any other similar capacity, on behalf of or in association with any Person engaged in the Business Activities during the Restricted Period or the one-year period preceding the Restricted Period.

Competitive Activity. The wholesale or retail sale of mens, ladies and childrens apparel.

Competitive Activity. Any activity consisting of or involving the type of business conducted by the Executive on behalf of the Employer or any Company Affiliate during the Executive's employment with the Employer or any Company Affiliate, including, without limitation, the structured finance business and/or the healthcare middle-market finance business.

Competitive Activity. Means any business or other endeavor, in any county of any state of the United States or a comparable jurisdiction in Canada or any other country, directly or indirectly for a Class I railroad operating in North America, and the Executive shall be considered to have become associated with a Competitive Activity if the Executive becomes directly or indirectly involved as an owner, principal, employee, officer, director, independent contractor, representative, stockholder, financial backer,... agent, partner, -18- advisor, lender, or in any other individual or representative capacity with any individual, partnership, corporation or other organization that is engaged in a Competitive Activity. View More

Competitive Activity. The term "Competitive Activity" shall mean the Executive's participation without the written consent of the Board in the management of any business enterprise which manufactures or sells any product or service competitive with any product or service of the Company or its subsidiaries. Competitive Activity shall not include the ownership of less than five (5) percent of the securities in any enterprise and exercise of any ownership rights related thereto.

Competitive Activity. Engaging in any of the following activities: (i) serving as a director of any Competitor; (ii) directly or indirectly (X) controlling any Competitor or (Y) owning any equity or debt interests in any Competitor (other than equity 3 or debt interests which are publicly traded and do not exceed 2% of the particular class of interests then outstanding) (it being understood that, if any such interests in any Competitor are owned by an investment vehicle or... other entity in which the Employee owns an equity interest, a portion of the interests in such Competitor owned by such entity shall be attributed to the Employee, such portion determined by applying the percentage of the equity interest in such entity owned by the Employee to the interests in such Competitor owned by such entity); (iii) directly or indirectly soliciting, diverting, taking away, appropriating or otherwise interfering with any of the customers or suppliers of the Company or any Affiliate of the Company; or (iv) employment by (including serving as an officer or director of), or providing consulting services to, any Competitor; provided, however, that if the Competitor has more than one discrete and readily distinguishable part of its business, employment by or providing consulting services to any Competitor shall be Competitive Activity only if (1) his or her employment duties are at or involving the part of the Competitor's business that competes with any of the businesses conducted by the Company or any of its subsidiaries (the "Competing Operations"), including serving in a capacity where any person at the Competing Operations reports to the Employee, or (2) the consulting services are provided to or involve the Competing Operations. For purposes of this definition, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of any Competitor, whether through the ownership of equity or debt interests, by contract or otherwise. View More

Competitive Activity. Means the Executive's provision of services, either as an employee or independent contractor, to any entity that engages, in any one or more of the following counties: (a) In Ohio -- Brown, Butler, Clermont, Hamilton and Warren, (b) In Indiana -- Dearborn and Ohio, and (c) In Kentucky -- Boone, Campbell, Gallatin, Grant, Kenton and Pendleton, in substantial and direct competition with the Company and such entity's revenues derived from any line of business competitive with any line of business... of the Company amounted to 10% or more of such entity's revenues for its most recently completely fiscal year and if the Company's revenues of said line of business amounted to 10% of the Company's revenues for its most recently completed fiscal year. "Competitive Activity" will not include (i) the mere ownership of securities in any such entity and the exercise of rights appurtenant thereto or (ii) participation in the management of any such entity other than in connection with the competitive operations of such entity. View More

Competitive Activity. Your participation, directly or indirectly, either for yourself or for any other individual, corporation, partnership, joint venture or other entity, in any business division, group, or franchise (or if there are no divisions, any business) where such division, group or franchise (or business, if applicable) engages or proposes to engage in any business conducted by the Company or any of its Subsidiaries or proposed to be conducted pursuant to a business plan of the Company or any of its... Subsidiaries (including, but not limited to, the sale or distribution of local switched dialtone telecommunications services) in any Metropolitan Statistical Area in which the Company or any of its Subsidiaries conducts such business or proposes to conduct such business pursuant to such a business plan. For purposes of this Agreement, the term "participate in" shall include, without limitation, having any direct or indirect interest in any corporation, partnership, joint venture or other entity, whether as a sole proprietor, owner, stockholder, partner, joint venturer, creditor or otherwise, or rendering any direct or indirect service or assistance to any individual, corporation, partnership, joint venture and other business entity (whether as a director, officer, manager, supervisor, employee, agent, consultant or otherwise), other than ownership of up to $1 million in value of the outstanding stock of any class which is publicly traded. View More

Competitive Activity. Means the Participant's engagement in any activity that would constitute a violation of any non-competition covenants to which the Participant is subject under the Participant's Employment Agreement, determined without regard to the actual duration of such non-competition covenants pursuant to the Employment Agreement.

Competitive Activity. Means engaging in or attempting to engage in the Business.