Confidentiality Non Solicitation. A&M and Engagement Personnel shall keep as confidential all non-public information received from the Company in conjunction with this engagement, except: (i) as requested by the Company or its legal counsel; (ii) as required by legal proceedings; or (iii) as reasonably required in the performance of this engagement. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is, or becomes, public other than as a result of a breach of this provision. The Company, on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets agrees that, until two (2) years subsequent to the termination of this engagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M or any of its affiliates who worked on this engagement while employed by A&M or its affiliates (“Solicited Person”). Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be accepted, A&M shall be entitled to a fee from the Company equal to the Solicited Person’s hourly client billing rate at the time of the offer multiplied by 4,000 hours for a Managing Director, 3,000 hours for a Senior Director and 2,000 hours for any other A&M employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M will suffer if the Company breaches this provision. The fee shall be payable at the time of the Solicited Person’s acceptance of employment or engagement.
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Samples: Engagement Agreement (Quorum Health Corp), Engagement Agreement (Kona Grill Inc), Engagement Agreement (Ignite Restaurant Group, Inc.)
Confidentiality Non Solicitation. A&M and Engagement Personnel shall keep as confidential all non-public information received from the Company in conjunction with this engagement, except: (i) as requested by the Company or its legal counsel; (ii) as required by legal proceedings; or (iii) as reasonably required in the performance of this engagement. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is, or becomes, public other than as a result of a breach of this provision. The Company, on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets agrees that, until two (2) years subsequent to the termination of this engagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M or any of its affiliates who worked on this engagement while employed by A&M or its affiliates (“Solicited Person”). Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be accepted, A&M shall be entitled to a fee from the Company party extending such offer equal to the Solicited Person’s hourly client billing rate at the time of the offer multiplied by 4,000 hours for a Managing Director, 3,000 hours for a Senior Director and 2,000 hours for any other A&M employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M will suffer if the Company breaches this provision. The fee shall be payable at the time of the Solicited Person’s acceptance of employment or engagement.
Appears in 2 contracts
Samples: Engagement Agreement (American Apparel, Inc), Engagement Agreement (EveryWare Global, Inc.)
Confidentiality Non Solicitation. A&M and Engagement Personnel shall keep as confidential all non-public information received from the Company in conjunction with this engagement, except: (i) as requested by the Company or its legal counsel; , (ii) as required by legal proceedings; , or (iii) as reasonably required may be provided to the Company's senior lenders in the performance of this engagementaccordance with Paragraph 5 hereof. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is, is or becomes, becomes public other than as a result of a breach of this provision. The Company, on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets agrees that, until two one (21) years year subsequent to the termination of this engagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M or any of its affiliates who worked on this engagement while employed by A&M or its affiliates (“"Solicited Person”"); provided that this restriction shall not apply with respect to any general solicitation for new employees which is not targeted at the Solicited Person. Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be accepted, A&M shall be entitled to a fee from the Company party extending such offer equal to the Solicited Person’s 's hourly client billing rate at the time of the offer multiplied by 4,000 hours for a Managing Director, 3,000 hours for a Senior Director and 2,000 hours for any other A&M employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M will suffer if the Company breaches this provisionhours. The fee shall be payable at the time of the Solicited Person’s 's acceptance of employment or engagement.
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Confidentiality Non Solicitation. The CRO, and Additional Personnel and A&M and Engagement Personnel shall keep as confidential all non-public information received from the Company in conjunction with this engagement, except: except (i) as requested by the Company or its legal counsel; (ii) as required by legal proceedings; proceedings or (iii) as reasonably required in the performance of this engagement. All obligations as to non-disclosure nondisclosure shall cease as to any part of such information to the extent that such information is, is or becomes, becomes public other than as a result of a breach of this provision. The CompanyExcept as specifically provided for in this letter, the Company on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets agrees that, until two (2) years subsequent to the termination of this engagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M or any of its affiliates who worked on this engagement while employed by A&M or its affiliates (“Solicited Person”). Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be accepted, A&M shall be entitled to a fee from the Company party extending such offer equal to the Solicited Person’s hourly client billing rate at the time of the offer multiplied by 4,000 hours for a Managing Director, 3,000 hours for a Senior Director and 2,000 hours for any other A&M employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M will suffer if the Company breaches this provision. The fee shall be payable at the time of the Solicited Person’s acceptance of employment or engagement.
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Confidentiality Non Solicitation. (a) A&M and Engagement Personnel shall keep as confidential all non-public information received from the Company in conjunction with this engagement, except: (i) as requested by the Company or its legal counselcounsel in writing; (ii) as required by legal proceedings; or (iii) as reasonably required in the performance of this engagement. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is, or becomes, public other than as a result of a breach of this provision. .
(b) The Company, on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets Company agrees that, until two eighteen (218) years months subsequent to the termination of this engagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M or any of its affiliates who worked on this engagement while employed by A&M or its affiliates (“Solicited Person”); or (ii) refer any Solicited Person for employment or other engagement by any of the Company’s affiliates. Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be acceptedviolate this Section 9, A&M shall be entitled to a Olaplex Holdings, Inc. April 3, 2024 fee from the Company equal to the Solicited Person’s hourly client billing rate at the time of the offer multiplied by 4,000 hours for a Managing Director, 3,000 hours for a Senior Director and 2,000 hours for any other A&M employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M will suffer if the Company breaches this provision. The fee shall be payable at the time of the Solicited Person’s acceptance of employment or engagement. Nothing in this Section 9(b) shall restrict Company from conducting general solicitations or advertisements not specifically directed at Solicited Persons provided that for the avoidance of doubt any hiring or engaging of a Solicited Person that occurs as a result thereof, shall be a breach of this Section 9(b).
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Confidentiality Non Solicitation. The CRO, Additional Personnel, A&M and Engagement Personnel its affiliates’ employees and agents shall keep as confidential all non-public information received from the Company in conjunction with this engagement, except: except (i) as requested by the Company or its legal counsel; (ii) as required by legal proceedings; proceedings (provided that the Company be given sufficient notice and an opportunity to intervene on its own behalf) or (iii) as reasonably required in the performance of this engagement. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is, is or becomes, becomes public other than as a result of a breach of this provision. The CompanyExcept as specifically provided for in this letter, the Company on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets agrees that, until two (2) years subsequent to the termination of this engagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M or any of its affiliates who worked on this engagement while employed by A&M or its affiliates (“Solicited Person”). Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be accepted, A&M shall be entitled to a fee from the Company party extending such offer equal to the Solicited Person’s hourly client billing rate at the time of the offer multiplied by 4,000 hours for a Managing Director, 3,000 hours for a Senior Director and 2,000 hours for any other A&M employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M will suffer if the Company breaches this provision. The fee shall be payable at the time of the Solicited Person’s acceptance of employment or engagement.
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Confidentiality Non Solicitation. The CRO, and Additional Personnel and A&M and Engagement Personnel shall keep as confidential all non-public information received from the Company in conjunction with this engagement, except: except (i) as requested by the Company or its legal counsel; (ii) as required by legal proceedings; proceedings or (iii) as reasonably required in the performance of this engagement. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is, is or becomes, becomes public other than as a result of a breach of this provision. The CompanyExcept as specifically provided for in this letter, the Company on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets agrees that, until two (2) years subsequent to the termination of this engagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M or any of its affiliates who worked on this engagement while employed by A&M or its affiliates (“Solicited Person”). Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be accepted, A&M shall be entitled to a fee from the Company party extending such offer equal to the Solicited Person’s hourly client billing rate at the time of the offer multiplied by 4,000 hours for a Managing Director, 3,000 hours for a Senior Director and 2,000 hours for any other A&M employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M will suffer if the Company breaches this provision. The fee shall be payable at the time of the Solicited Person’s acceptance of employment or engagement.
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Samples: Engagement Agreement (Lehman Brothers Holdings Inc)
Confidentiality Non Solicitation. A&M and Engagement Personnel shall keep as confidential all non-public information received from the Company in conjunction with this engagement, except: (i) as requested by the Company or its legal counsel; (ii) as required by legal proceedings, subject to providing the Company with reasonable advance notice and cooperation in obtaining a protective order; or (iii) as reasonably required in the performance of this engagement. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is, or becomes, public other than as a result of a breach of this provision. The Company, on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets agrees that, until two (2) years subsequent to the termination of this engagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M or any of its affiliates who worked on this engagement while employed by A&M or its affiliates (“Solicited Person”). ; provided however that the foregoing provision will not prevent the Company from employing any individual who has been terminated by A&M for more than twelve months prior to such solicitation or employment.. A Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be accepted, A&M shall be entitled to a fee from the Company equal to the Solicited Person’s hourly client billing rate at the time of the offer multiplied by 4,000 hours for a Managing Director, 3,000 hours for a Senior Director and 2,000 hours for any other A&M employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M will suffer if the Company breaches this provision. The fee shall be payable at the time of the Solicited Person’s acceptance of employment or engagement.
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Confidentiality Non Solicitation. A&M and Engagement Personnel SRVP shall keep as confidential all non-public information received from the Company in conjunction with this engagementEngagement, except: (i) as requested by the Company or its legal counsel; (ii) as required by legal proceedingslaw; or (iii) as reasonably required in the performance of this engagementEngagement. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is, is or becomes, becomes public other than as a result of a breach of this provision. The Company, on behalf of itself and its subsidiaries and affiliates and any person which may acquire all or substantially all of its assets assets, agrees that, until two (2) years subsequent to the termination of this engagementEngagement, it will not solicit, recruit, hire or otherwise engage any employee of A&M SRVP or any of its affiliates who worked on this engagement Engagement while employed by A&M SRVP or its affiliates (“Solicited Person”)) unless SRVP expressly waives this provision. Should the Company or any of its subsidiaries or affiliates or any person who acquires all or substantially all of its assets extend an offer of employment to or otherwise engage any Solicited Person and should such offer be accepted, A&M SRVP shall be entitled to a fee from the Company equal to the Solicited Person’s hourly client monthly billing rate at the time of the offer multiplied by 4,000 hours twelve (12) for a Managing Director, 3,000 hours nine (9) for a Senior Director and 2,000 hours six (6) for any other A&M SRVP employee. The Company acknowledges and agrees that this fee fairly represents the loss that A&M SRVP will suffer if the Company breaches this provision. The fee shall be payable at the time of the Solicited Person’s acceptance of employment or engagement.
Appears in 1 contract
Samples: Interim Officer Engagement Agreement (PARTS iD, Inc.)