Company Non-Disparagement. The Company hereby agrees that, during the Standstill Period, neither it nor any of its Affiliates will, and it will cause each of its Affiliates not to, directly or indirectly, in any capacity or manner, publicly, by press release or similar public statement to the press, securities analysts or media, or in any Securities and Exchange Commission filing, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, any Investor or any Investor Representatives, or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of any Investor or its subsidiaries or Affiliates, or to malign, harm, disparage, defame or damage the reputation or good name of any Investor or Investor Representatives.
Company Non-Disparagement. During the Standstill Period, the Company will not intentionally make, and will instruct those individuals serving as officers and directors of the Company as of the date hereof not to intentionally make, or cause to be made, any statement or announcement that relates to and constitutes an ad hominem attack on, or relates to and otherwise disparages, any member of the Engine Capital Group: (i) in any document or report filed with or furnished to the SEC or any other governmental agency, (ii) in any press release or other publicly available format, or (iii) to any journalist or member of the media (including without limitation, in a television, radio, newspaper or magazine interview).
Company Non-Disparagement. The Company will not intentionally make, and will instruct those individuals serving as officers and directors of the Company as of the date hereof not to intentionally make, or cause to be made, any statement or announcement that relates to and constitutes an ad hominem attack on, or relates to and otherwise disparages, any member of the Privet Group: (i) in any document or report filed with or furnished to the SEC or any other governmental agency, (ii) in any press release or other publicly available format, or (iii) to any journalist or member of the media (including without limitation, in a television, radio, newspaper or magazine interview).
Company Non-Disparagement. The Company agrees that the Company, the members of the Board of Directors and the Company’s named executive officers (collectively, the “Relevant Individuals”) will not make any public statements that disparage Executive in any manner that is likely to be harmful to Executive’s business reputation. Nothing in this Section 7 or in Section 5.04 of the Severance Plan shall prevent truthful or factually accurate statements required to be included in required public filings, internal statements made in the course of providing services to the Company, truthful statements made in connection with any dispute between Executive and any Relevant Individuals, truthful statements made to correct disparaging statements made by an opposing party , or the lawful filing or prosecution of any claim against the Company in any judicial, arbitration, governmental, or other appropriate forum for adjudication of disputes, any response or disclosure by Executive compelled by legal process or required by applicable law or any bona -fide exercise by Executive of any shareholder rights he or she may otherwise have, and the foregoing limitation on the Company’s employees and directors will not be violated by internal statements that they in good faith believe are necessary or appropriate to make in connection with performing their duties and obligations to the Company.
Company Non-Disparagement. During the Standstill Period, or if earlier, until such time as any member of the Digirad Group or any of the Digirad Representatives shall have breached Section 3(c), the Company will not intentionally make, and will instruct those individuals serving as officers and directors of the Company not to intentionally make, or cause to be made, any statement or announcement that constitutes an ad hominem attack on, or otherwise disparages, any member of the Digirad Group or their officers or directors or any former officer or director, where applicable: (i) in any document or report filed with or furnished to the SEC or any other governmental agency, (ii) in any press release or other publicly available format, or (iii) to any journalist or member of the media (including without limitation, in a television, radio, newspaper or magazine interview or in social media). Notwithstanding the foregoing, nothing in Sections 3(c) and 3(d) or elsewhere in this Agreement shall prohibit any party from making any statement or disclosure required under the federal securities law or other applicable laws; provided that such party must provide written notice to the other parties at least two (2) business days prior to making any such statement or disclosure required under the federal securities laws or other applicable laws that would otherwise be prohibited by the provisions of Sections 3(c) and 3(d), and reasonably consider any comments of such other parties.
Company Non-Disparagement. The Company shall instruct and cause its current Executive Leadership Team, the current Board of Directors, and the Human Resources management level employees authorized to provide information about Employee to prospective employers to refrain from any publication, oral or written, of a defamatory, disparaging, or otherwise derogatory nature pertaining to Employee.
Company Non-Disparagement. The Company shall cause (i) the members of the Board, and (ii) the Company’s Chief Executive Officer and Executive Vice Presidents, to not, through any written or oral statement, disparage, defame, libel, or slander Employee. The foregoing shall not be violated by truthful statements in response to legal process, required government testimony or filings, or administrative or arbitral proceedings (including without limitation, depositions in connection with such proceeding). 10 | Page
Company Non-Disparagement. During the Employment Period and for a period of two (2) years after the termination of the Executive’s employment for any reason, the Company and the Company’s parent company, On Assignment, Inc., shall direct its executive officers not to make any oral or written statements that libel, slander or disparage the Executive; provided, that this Section 18 shall not limit or impair the ability of the Company to provide truthful testimony in response to any validly issued subpoena.
Company Non-Disparagement. For a period of one (1) year following the termination of Executive’ employment, the Company shall advise in writing its officers and directors to not publicly or privately, disparage, criticize or defame Executive. Nothing shall prevent Executive or the Company’s officers and directors from making any truthful statement (i) to the extent necessary in connection with any litigation, arbitration or mediation involving this Release/Amendment or the Severance Agreement, including, but not limited to, the enforcement of this Release/Amendment or (ii) to the extent required by law or by any court, arbitrator, mediator or administrative or legislative body (including any committee thereof) with apparent jurisdiction or authority to order or require such person to disclose or make accessible such information.
Company Non-Disparagement. The Company agrees that it will instruct the following people, Xxxxxxxx Xxxxxx and Xxx X. Xxxxxxxx, Xx., that they should not directly or indirectly, disclose, communicate, or publish any disparaging information concerning the Employee, including the Employee’s services or cause others to disclose, communicate, or publish any such disparaging information. Nothing in this Agreement is intended to prevent the Company from testifying truthfully in any legal proceeding.
