Common use of Agreements Not to Compete Clause in Contracts

Agreements Not to Compete. (a) hereby agrees that it shall not, anywhere in the world, directly or indirectly, engage in the Ikaria NO Business in any manner, including, without limitation, as a partner, investor (other than as a passive investor in less than three percent (3%) of the outstanding capital stock of a publicly traded corporation), consultant, advisor, agent, representative, independent contractor, licensor, creditor, or otherwise, until the earlier of (i) five years after the Effective Date of this Agreement or (ii) the date on which all Ikaria Companies are no longer engaged in the Ikaria NO Business (the “NO Noncompetition Period”). (b) hereby agrees that it shall not, anywhere in the world , directly or indirectly, engage in the Terlipressin Business in any manner, including, without limitation, as a partner, investor (other than as a passive investor in less than three percent (3%) of the outstanding capital stock of a publicly traded corporation), consultant, advisor, agent, representative, independent contractor, licensor, creditor, or otherwise, until the earlier of (i) five years after the Effective Date of this Agreement or (ii) the date on which all Ikaria Companies are no longer engaged in the Terlipressin Business (the “Terlipressin Noncompetition Period”).