Competitive Business

Competitive Business. Any corporation, partnership, association, or other person or entity (including but not limited to Executive) that: i.is listed on Appendix A or is otherwise included in the Company's annual proxy statement (the "Proxy") as most recently filed prior to the Date of Termination, each of which Executive acknowledges is a Competitive Business, whether or not it falls within the categories in subsection (c)(ii) immediately below; or ii.engages in any business which, at any time during the most... recent eighteen (18) months of Executive's Company Employment and regardless of the business format (including but not limited to a department store, specialty store, discount store, direct marketing, or electronic commerce): (A) consists of marketing, manufacturing or selling apparel and/or home products that are material products of the Company, at a price point similar to that of the Company and which entity has a combined annual revenue in excess of $250 million that is primarily generated by any combination of the products described above ; and (B) the Board of Directors of the Company (the "Board") (or a designated committee thereof) reasonably identifies and adds to Appendix A by written notice to Executive at least ninety (90) days prior to the Date of Termination (provided that the Company's filing of the Proxy with the Securities and Exchange Commission shall constitute valid notice to Executive of any such identification or addition regardless of whether such filing occurs at least ninety (90) days prior to the Date of Termination). Notwithstanding the foregoing, in no event shall "Competitive Business" include (A) any activity in which Executive proposes to engage, to which the Board provides its written consent to Executive, not to be unreasonably withheld; or (B) services by Executive as an advisor to any private equity firm, so long as Executive is providing strategic investment and management advice (including on an acquisition, but excluding for the avoidance of doubt, advising in respect of any company that would otherwise meet the definition of a Competitive Business already in, or once it becomes a part of, the private equity firm portfolio) in the area of apparel and/or home products generally and is not otherwise sharing Confidential Information or providing advice and/or guidance to any entity listed as a Competitive Business as referenced in subparagraphs i. and ii. above. View More

Competitive Business. Owning, operating or maintaining fitness facilities, providing fitness instruction or any related services as currently engaged in by the Company or any of its subsidiaries in the United States and Australia, excluding (i) any franchising activity not related to the fitness industry, (ii) any such activities in the mental health or medical care industries, (iii) the activities set forth in the Asset Transfer and IP License Agreement, dated June 23, 2020 between the Company and LIIT LLC, and... (iv) any other activities currently engaged in by the Covered Person (or activities in which the Covered Person is actively planning to engage) on the date hereof of which the board of directors (or similar governing body) of the Company has prior written knowledge as set forth in the meeting minutes of the board of directors (or similar governing body) of the Company (clauses (i) through (iv), collectively, the "Non-Compete Carve Out Activities") View More

Competitive Business. A business that (i) owns, operates or sells or supplies products similar to or that substitute for products supplied by the Company or an Affiliate to any Covered Operation that is located within 15 miles of any Covered Operation that the Company or an Affiliate owns or operates, or to which the Company or an Affiliate sells or supplies products; or (ii) provides food or other grocery products to any military commissary or exchange, within or outside the U.S., directly or under a subcontract

Competitive Business. Shall mean: 2.2.1. The rent-to-own ("RTO"), also referred to as a lease-to-own, business operated through the internet, smart phones, smart phone applications or any other remote device; and 2.2.2. Engaging in a business activity that is the same as, similar to, or in any way may be construed as being competitive with Employer's activities, products or services of the type conducted, offered or provided by Employer within the twelve (12) month period prior to the termination of Employee's... employment with Employer. View More

Competitive Business. Any Person that is primarily engaged in drug development for profit; provided, that (a) if such Person has a market capitalization equal to or in excess of $10 billion (if 8 such Person is a publicly-traded company) or annual revenue equal to or in excess of $1 billion (if such Person is not a publicly traded company), it shall not be considered a Competitive Business provided that (i) you are not employed by such Person (whether directly or as a consultant) to perform services in a therapeutic... area in which the Company or any of its Affiliates is developing drugs as of the date on which your employment is terminated (a "Roivant Therapeutic Area"), and (ii) you provide written assurance to the Board that adequate steps have been taken by you and such Person that will effectively preclude you from performing services in a Roivant Therapeutic Area during the Restricted Period; and (b) if such Person has a market capitalization of less than $10 billion (if such Person is a publicly-traded company) or annual revenue of less than $1 billion (if such Person is not a publicly traded company), it shall not be considered a Competitive Business, unless (i) such Person's primary business strategy is the acquisition of drug candidates from other Persons, or (ii) such Person's primary drug development candidates are in a Roivant Therapeutic Area. View More