Purchasers for Purposes of Article VIII . Purchasers for purposes of ARTICLE VIII includes Purchasers as described when you look at the very first paragraph with this Agreement, their moms and dads, successors, subsidiaries, or affiliates, whether now or hereafter owned, operated or handled by Purchasers. Customer Finance company is thought as making pay day loans, loans guaranteed by individual home, short term loans or credit solutions services and products to clients through real storefront areas.
Agreement never to Compete and also to maybe Not Solicit.
Being an inducement to stepping into this contract, which Purchasers would otherwise never be ready to do, R. Douglas Will, Timothy S. Lanham, K. Colette Sawyer, M. Christine Will, Wendell G. Lanham, R. Tedrow Will, Kathryn I. Will, and MMI (collectively Will and Lanham) agree them to leave Purchasers to take employment https://approved-cash.com/payday-loans-ky/lexington/ with Sellers, Seller Affiliates or any other person or business entity; (2) compete, directly or indirectly, with Purchasers in the operation of a store-based pawn or Consumer Finance Business (collectively, the Restricted Business) owned, operated or managed by Purchasers within a 25-mile radius of any such Restricted Business owned, operated or managed by Purchasers, including current and future locations owned, operated or managed by Purchasers and not limited to the locations being acquired pursuant to this Agreement (the Restricted Area); (3) act as an officer, director, employee, shareholder, partner, member, agent, associate or principal of any entity engaged in the Restricted Business in the Restricted Area; (4) enter into any agreement, including franchise agreements other than with existing Mister Money franchisees relating to their franchise agreements pertaining to their existing franchise territory, for or to participate in the ownership, management, operation or control of any Restricted Business within the Restricted Area; or (5) solicit customers known to be customers of the Business or Purchasers within the Restricted Area in the Restricted Business, including those known to be past or present customers of the Business that they will not (1) enter into any agreement with or indirectly solicit employees or representatives of Purchasers for the purpose of causing. The supply in product (5) just isn’t designed to restrict the power of Will and Lanham to conduct company on the internet and internet that is such will not be considered soliciting Purchasers clients provided Will and Lanham are not straight soliciting clients (active or inactive) regarding the company such online business. Further, this contract never to compete will likely not connect with an Internet-based customer Finance company; Internet-based product sales; selling, leasing or certification computer computer software developed for pawn and pay day loan operations; consulting to pawn and customer Finance Businesses found no better than 25-miles from any one of the stores. Seeing and for a business that does business on a nationwide or multi-state foundation also though it might have shops within the Restricted region will never be a violation for this part 8.2.
Being an inducement to stepping into this contract, which Purchasers would otherwise never be prepared to do, Joshua A. Lanham, Katie Lanham, R. Patrick Will, R. Matthew Will, Jamie B. Will, Ryan Sarmast, Jessica P. Sarmast, Benjamin Zander, and Stacey M. Zander (collectively the Restricted events) concur that (1) enter any agreement with or indirectly obtain employees or representatives of Purchasers for the intended purpose of causing them to go out of Purchasers to just simply simply take work with Sellers, Seller Affiliates or other person or company entity; (2) compete, directly or indirectly, with Purchasers when you look at the procedure of the Restricted Business owned, operated or handled by Purchasers inside a 25-mile radius for the stores. Notwithstanding any conditions into the contrary, the Restricted Parties may collectively acquire and run as much as three (3) store-based pawn organizations with all the geographical limitation of these shops being five (5) kilometers as opposed to the 25 kilometers since set forth in Section 8.2(a) (limited Area 2); or (3) work as an officer, manager, shareholder, partner, user, agent, associate or principal of any entity involved in the Restricted Business when you look at the limited region 2.
As an inducement to getting into this contract, which Purchasers would otherwise never be prepared to do, Roger Dechairo agrees that, he’ll perhaps maybe not (1) come right into any contract with or indirectly get employees or representatives of Purchasers for the intended purpose of causing them to go out of Purchasers to just just just take work with Sellers, Seller Affiliates or just about any other person or company entity; (2) compete, directly or indirectly, with Purchasers into the procedure of the Restricted Business owned, operated or managed by Purchasers within a seven and one-half (7.5) mile radius for the Location positioned at 704 principal Street, Longmont, CO (limited Area 3); or (3) behave as an officer, manager, worker, shareholder, partner, user, representative, associate or principal of every entity involved in the Restricted Business when you look at the Restricted region 3.
Notwithstanding such a thing into the contrary herein, Will and Lanham, the Restricted Parties and Roger Dechairo consent to (1) offer in a electronic structure as mutually agreed by the events all listings of clients (active and inactive) associated with the company within thirty (30) times after Purchasers convert the very last Location to Purchasers point of purchase system and (2) never to make use of for just about any purpose, including solicitation, advertising or marketing, or retain a copy, whether difficult copy or perhaps in a digital format, of these listings of clients after supplying such listings to Purchasers. The Restricted Parties and Roger Dechairo unconditionally represent and warrant to Purchasers and agree that the restrictions in the foregoing provisions are reasonable and that such provisions are enforceable in accordance with their terms to induce Purchasers to enter into this Agreement, Will and Lanham.