Common use of Certain Business Matters Clause in Contracts

Certain Business Matters. (a) Following the Effective Time and except as otherwise set forth in any Operating Agreement, any Party may (i) engage in the same or similar activities or lines of business as any other Party is or in the future may be engaged in and/or (ii) do business, or refrain from doing business, with any potential or actual supplier or customer of such other Party. (b) Each Party agrees that, for a period of one year from the Distribution Date, such Party (a “Soliciting Party”) will not solicit for employment any employee of any other Party (a “Protected Party”), provided, however, that it is understood that this employee non-solicitation provision shall not prohibit: (i) any transfers of Delayed Transfer Employees (as defined in the Employee Matters Agreement), in accordance with the Employee Matters Agreement; (ii) generalized solicitations by advertising and the like, which are not directed to specific individuals or employees of the Protected Party; (iii) solicitations of persons whose employment was terminated by the Protected Party; or (iv) solicitations of persons who have terminated their employment with the Protected Party without any prior solicitation by the Soliciting Party.

Certain Business Matters. (a) Following the Effective Time and except as otherwise set forth in any Operating Agreement, any either Party may (i) engage in the same or similar activities or lines of business as any the other Party is or in the future may be engaged in and/or (ii) do business, or refrain from doing business, with any potential or actual supplier or customer of such the other Party. (b) Each Party agrees that, for a period of one year six months from the Distribution Date, such Party (a “Soliciting Party”) will not solicit for employment any employee of any the other Party (a “Protected Party”), provided, however, that it is understood that this employee non-solicitation provision shall not prohibit: (i) any transfers of Delayed Transfer Employees (as defined in the Employee Matters Agreement), in accordance with the Employee Matters Agreement; (ii) generalized solicitations by advertising and the like, which are not directed to specific individuals or employees of the Protected Party; (iiiii) solicitations of persons whose employment was terminated by the Protected Party; or (iviii) solicitations of persons who have terminated their employment with the Protected Party without any prior solicitation by the Soliciting Party, and, provided further, that the restrictions on solicitation set forth in this Section 8.6(b) shall not apply to any Merchant Alliance.

Certain Business Matters. (a) Following First Data represents that as of the date hereof, First Data management does not currently intend for First Data to re-enter the consumer money transfer business as conducted by Western Union as of the Effective Date. (b) Notwithstanding Section 8.6(a), following the Effective Time and except as otherwise set forth in any Operating AgreementAgreement (excluding Section 8.6(a) hereof), any either Party may (i) engage in the same or similar activities or lines of business as any the other Party is or in the future may be engaged in and/or (ii) do business, or refrain from doing business, with any potential or actual supplier or customer of such the other Party. (bc) Each Party agrees that, for a period of one year six months from the Distribution Date, such Party (a “Soliciting Party”) will not solicit for employment any employee of any the other Party (a “Protected Party”), provided, however, that it is understood that this employee non-solicitation provision shall not prohibit: (i) any transfers of Delayed Transfer Employees (as defined in the Employee Matters Agreement), in accordance with the Employee Matters Agreement; (ii) generalized solicitations by advertising and the like, which are not directed to specific individuals or employees of the Protected Party; (iiiii) solicitations of persons whose employment was terminated by the Protected Party; or (iviii) solicitations of persons who have terminated their employment with the Protected Party without any prior solicitation by the Soliciting Party, and, provided further, that the restrictions on solicitation set forth in this Section 8.6(b) shall not apply to any Merchant Alliance.

Certain Business Matters. (a) Following First Data represents that as of the date hereof, First Data management does not currently intend for First Data to re-enter the consumer money transfer business as conducted by Western Union as of the Effective Date. (b) Notwithstanding Section 8.6(a), following the Effective Time and except as otherwise set forth in any Operating AgreementAgreement (excluding Section 8.6(a) hereof), any either Party may (i) engage in the same or similar activities or lines of business as any the other Party is or in the future may be engaged in and/or (ii) do business, or refrain from doing business, with any potential or actual supplier or customer of such the other Party. (bc) Each Party agrees that, for a period of one year six months from the Distribution Date, such Party (a “Soliciting Party”) will not solicit for employment any employee of any the other Party (a “Protected Party”), provided, however, that it is understood that this employee non-solicitation provision shall not prohibit: (i) any transfers of Delayed Transfer Employees (as defined in the Employee Matters Agreement), in accordance with the Employee Matters Agreement; (ii) generalized solicitations by advertising and the like, which are not directed to specific individuals or employees of the Protected Party; (iiiii) solicitations of persons whose employment was terminated by the Protected Party; or (iviii) solicitations of persons who have terminated their employment with the Protected Party without any prior solicitation by the Soliciting Party, and, provided further, that the restrictions on solicitation set forth in this Section 8.6(c) shall not apply to any Merchant Alliance.