Purchasers for Purposes of Article VIII . Purchasers for purposes of ARTICLE VIII includes Purchasers as described when you look at the paragraph that is first of Agreement, their moms and dads, successors, subsidiaries, or affiliates, whether now or hereafter owned, operated or handled by Purchasers. Consumer Finance company is understood to be making payday advances, loans guaranteed by individual home, short term loans or credit services items to clients through real storefront areas.
Agreement never to Compete and also to maybe Not Solicit.
As an inducement to getting into this contract, which Purchasers would otherwise never be prepared 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 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 item (5) is certainly not designed to restrict the capability of Will and Lanham to conduct company on the internet and internet that is such won’t be considered soliciting Purchasers clients so long as Will and Lanham are not straight soliciting clients (active or inactive) for the company in such web business. Further, this contract never to compete will likely not connect with an Internet-based Consumer Finance company; Internet-based product product sales; selling, renting or certification computer pc pc software developed for pawn and pay day loan operations; consulting to pawn and customer Finance Businesses located no better than 25-miles from any one of the stores. Talking to and for a business that does business on a nationwide or basis that is multi-state though it could have stores within the Restricted region won’t be a breach of the area 8.2.
Being an inducement to getting 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 limited events) agree totally that (1) access any contract with or indirectly obtain employees or representatives of Purchasers for the intended purpose of causing them to go out of Purchasers to just just take work with Sellers, Seller Affiliates or other individual or company entity; (2) compete, directly or indirectly, with Purchasers into the procedure of the Restricted Business owned, operated or handled by Purchasers within a 25-mile radius associated with the stores. Notwithstanding any conditions towards the contrary, the Restricted Parties may collectively have and run as much as three (3) store-based pawn companies aided by the geographical limitation for those shops being five (5) kilometers as opposed to the 25 miles since set forth in Section 8.2(a) (limited Area 2); or (3) work as an officer, manager, shareholder, partner, user, representative, associate or principal of every entity involved with the Restricted Business within the Restricted Area 2.
Being an inducement to stepping into this contract, which Purchasers would otherwise never be prepared to do, Roger Dechairo agrees that, he can 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 take work with Sellers, Seller Affiliates or just about any other individual 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 seven and one-half (7.5) mile radius regarding the Location positioned at 704 principal Street, Longmont, CO (limited Area 3); or (3) work as an officer, manager, employee, shareholder, partner, user, representative, associate or principal of any entity involved with the Restricted Business when you look at the Restricted region 3.
Notwithstanding any such thing towards the contrary herein, Will and Lanham, the Restricted Parties and Roger Dechairo consent to (1) offer in a format that is electronic mutually agreed by the events all listings of customers (active and inactive) regarding the company within thirty (30) times after Purchasers convert the final Location to Purchasers point of purchase system and (2) never to utilize for almost any function, including solicitation, advertising or marketing, or retain a copy, whether difficult content or in a digital structure, 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 Stanton payday lenders, Will and Lanham.