Common use of Non-Diversion Clause in Contracts

Non-Diversion. For the period during which the Covenant Not to Compete binds the Members pursuant to Section 4.4(a) each of the Members shall not, and shall cause their Affiliates not to, divert or attempt to divert or take advantage of or attempt to take advantage of any actual or potential business or opportunities of Buyer or its Affiliates of which any of the Members become aware as the result of their affiliation with the Business or their relationship with Buyer or its Affiliates and which relate specifically to the Business, or any part thereof. This Section 4.4(c) is in addition to and not by way of limitation of any other duties the Members may have to Buyer or its Affiliates.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Eps Solutions Corp), Securities Purchase Agreement (Eps Solutions Corp), Securities Purchase Agreement (Eps Solutions Corp)

Non-Diversion. For the period during which the Covenant Not to Compete binds the Members pursuant to Section 4.4(a) each of the Members shall not, and shall cause their Affiliates not to, divert or attempt to divert or take advantage of or attempt to take advantage of any actual or potential business or opportunities of Buyer or its Affiliates of which any of the Members become aware as the result of their affiliation with the Business or their relationship with Buyer or its Affiliates and which relate specifically to the Business, or any part 28 35 thereof. This Section 4.4(c) is in addition to and not by way of limitation of any other duties the Members may have to Buyer or its Affiliates.

Appears in 1 contract

Sources: Securities Purchase Agreement (Eps Solutions Corp)