Lyke acknowledges that: # due to the nature of his duties, he has and will continue to have access to and will acquire confidential information relating to the business and operation of the Company: and # Lyke’s expertise and background would enable him to compete with the business of the Company, which is the ownership, control, development, management and operation of real property;

Silva acknowledges that: # due to the nature of his duties, he has and will continue to have access to and will acquire confidential information relating to the business and operation of the Company: and # Silva’s expertise and background would enable him to compete with the business of the Company, which is the ownership, control, development, management and operation of real property;

Nonpetition Covenant. Notwithstanding any prior termination of this Administration Agreement, the Administrator covenants that it shall not, prior to the date which is one year and one day after payment in full of the System Restoration Bonds, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary case against the Issuer under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer.

Restrictive Covenant. The Employee acknowledges and recognizes the highly competitive nature of the Company's business and the goodwill, continued patronage, and specifically the names and addresses of the Company's Clients (as hereinafter defined) constitute a substantial asset of the Company having been acquired through considerable time, money and effort. Accordingly, in consideration of the execution of this Agreement, in the event the Employee's employment is terminated by reason of disability pursuant to Section 6(b) or for Cause pursuant to Section 6(c) or if the Employee voluntarily terminates this Agreement pursuant to Section 6(e), then the Employee agrees that during the Restricted Period and within the Restricted Area, the Employee will not, directly or indirectly, solicit, induce or influence any of the Company's Clients which have a business relationship with the Company at the time during the Restricted Period to discontinue or reduce the extent of such relationship with the Company.

Restrictive Covenant. By accepting the Award, the [[Team Member:Person]] specifically agrees to the restrictive covenant contained in this Section 8 (the “Restrictive Covenant”) and the [[Team Member:Person]] agrees that the Restrictive Covenant and the remedies described herein are reasonable and necessary to protect the legitimate interests of the Company.

Holdings Covenant Titan Investment Corporation shall not own any Collateral, incur any liabilities or grant any Liens (including any Lien on its ownership interests in any Borrower) or engage in any business activities other than # administrative activities solely related to its ownership of its Subsidiaries and # activities solely related to the facilitation of Upstream Payments or other Distributions, in each case, permitted by and in accordance with the terms herein; provided, however, that Titan Investment Corporation may engage in any of the restricted actions above (other than granting a Lien on its ownership interests in any Borrower) upon prior written notice thereof to Agent and satisfaction of the requirements set forth in [Section 10.1.9].

Title Covenant. Within thirty (30) days of the date of this Waiver Agreement (or such longer period as agreed by the ​ in their reasonable discretion), the Company shall satisfy the conditions set forth in [Section 4(h)(iv)] of the Note with respect to the Additional Land and the Additional Mortgage.

Financial Covenant. (a) Solely in respect of the Revolving Credit Facility, permit the First Lien Net Leverage Ratio as of the last day of any such fiscal quarter of ESI to exceed 5.00 to 1.00 provided that, notwithstanding the foregoing, the financial covenant set forth in this [Section 8.10] shall be tested as of the last day of any such fiscal quarter only in the event that, on the last day of such fiscal quarter, the Total Outstandings (excluding Letters of Credit which have been Cash Collateralized in accordance with this Agreement) is greater than 30.0% of the Total Revolving Credit Commitments (such occurrence, a “Triggering Event”).

Restrictive Covenant. During the Restricted Period, except as otherwise provided in the Distribution Agreement with respect to the distribution of the Restricted Products in the Aftermarket, Seller and its Affiliates will not directly or indirectly, sell and service Restricted Products in the Territory. Further, during the period from Closing Date through the two-year anniversary of the Closing Date, except as otherwise provided in the Distribution Agreement with respect to the distribution of the Restricted Products in the Aftermarket or the Transition Services Agreement with respect to the marketing and promotion of, and servicing of and customer training on, the Restricted Products, Seller and its Affiliates will not directly or indirectly, market or promote Restricted Products in the Territory. None of the foregoing provisions in this Section 4.4 shall restrict Seller from selling, servicing, marketing or promoting, air compressors, servo valves, air dryers, switches, or air suspension controls, that otherwise would fall within the restrictions set forth in this Section 4.4 to the extent that Seller and its Affiliates market, promote or sell such product as part of a “broader system solution”, unless such “broader system solution” is or is included in an Anti-Lock Braking System (ABS), a Drive Slip Control System (ASR), an Exhaust Brake, an Electronic Brake System (EBS), a Hydraulic or Air Over Hydraulic ABS or Anti Slip Regulation (ASR), a Retarder Control System, a Collision Mitigation System (CMS) or Traction Control. Each of the capitalized terms used in this section without definition shall have the definition set forth on [Exhibit A] within the Restricted Products list.

Shulman acknowledges that: # due to the nature of his duties, he has and will continue to have access to and will acquire confidential information relating to the business and operation of the Company: and # Shulman’s expertise and background would enable him to compete with the business of the Company, which is the ownership, control, development, management and operation of real property;