Disparaging Comments. Executive agrees that during the period of his employment with the Company or any of its affiliates and thereafter, Executive shall not make any disparaging or defamatory comments regarding the Company or any of its subsidiaries or affiliates, or after termination of his employment relationship with the Company or any of its subsidiaries or affiliates, make any comments concerning any aspect of the termination of their relationship. The Company agrees that during the period of the Executive’s employment with the Company or any of its subsidiaries and thereafter, members of the Company’s senior management shall be prohibited from making disparaging or defamatory comments regarding the Executive or, after termination of the Executive’s employment relationship with the Company or any of its subsidiaries, and from making any comments concerning any aspect of the termination of their relationship. The obligations of the parties under this subsection shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. Nothing contained in this Section 6 shall limit any common law or statutory obligation that Executive may have to the Company or an affiliate. For purposes of this Section 6, “the Company” refers to the Company and any incorporated or unincorporated affiliates, including any entity which becomes Executive’s employer as a result of any transaction, reorganization or restructuring of the Company for any reason. The Company shall be entitled, in connection with its tax planning or other reasons, to terminate Executive’s employment (which termination shall not be considered a termination without Cause for purposes of this Agreement or otherwise) in connection with an invitation from an affiliate to accept employment with such affiliate.
Appears in 8 contracts
Samples: Employment Agreement (Forida East Coast Railway L.L.C.), Employment Agreement (Forida East Coast Railway L.L.C.), Employment Agreement (Forida East Coast Railway L.L.C.)
Disparaging Comments. Executive agrees that during the period of his employment with the Company or any of its affiliates subsidiaries and thereafter, Executive shall not make any disparaging or defamatory comments regarding the Company or any of its subsidiaries or affiliatesAffiliates, or after termination of his employment relationship with the Company or any of its subsidiaries or affiliatesAffiliates, make any comments concerning any aspect of the termination of their relationship. The Company agrees that during the period of the Executive’s employment with the Company or any of its subsidiaries and thereafter, members of the Company’s senior management shall be prohibited from making disparaging or defamatory comments regarding the Executive or, after termination of the Executive’s employment relationship with the Company or any of its subsidiaries, and from making any comments concerning any aspect of the termination of their relationship. The obligations of the parties under this subsection shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. Nothing contained in this Section 6 shall limit any common law or statutory obligation that Executive may have to the Company or an affiliateAffiliate. For purposes of this Section 6, “the Company” refers to the Company and any incorporated or unincorporated affiliatesAffiliates, including any entity which becomes Executive’s employer as a result of any transaction, reorganization or restructuring of the Company for any reason. The Company shall be entitled, in connection with its tax planning or other reasons, to terminate Executive’s employment (which termination shall not be considered a termination without Cause for purposes of this Agreement or otherwise) in connection with an invitation from an affiliate Affiliate to accept employment with such affiliateAffiliate.
Appears in 6 contracts
Samples: Employment Agreement (Railamerica Inc /De), Employment Agreement (Railamerica Inc /De), Employment Agreement (Railamerica Inc /De)
Disparaging Comments. Executive agrees that during the period of his employment with the Company or any of its affiliates Term and thereafter, Executive shall not make any disparaging or defamatory comments regarding the Company or any of its subsidiaries or affiliatesor, or after termination of his employment relationship with the Company or any of its subsidiaries or affiliatesCompany, make any comments concerning any aspect of the termination of their relationship. The obligations of Executive under this subparagraph shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. The Company agrees that during the period of the Executive’s employment with the Company or any of its subsidiaries Term and thereafter, members of the Company’s senior management Company shall be prohibited from making not make any disparaging or defamatory comments regarding the Executive or, after termination of the Executive’s his employment relationship with the Company or any of its subsidiariesCompany, and from making make any comments concerning any aspect of the termination of their such relationship. The obligations of the parties Company under this subsection subparagraph shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. Nothing contained in this Section 6 shall limit any common law or statutory obligation that Executive may have to the Company or an affiliateany of its affiliates. For purposes of this Section 66 and Section 7, the “the Company” refers to the Company and any incorporated or unincorporated affiliatesaffiliates of the Company, including any entity which becomes Executive’s employer as a result of any transaction, reorganization or restructuring of the Company for any reason. The Company shall be entitled, in connection with its tax planning or other reasons, to terminate Executive’s employment (which termination shall not be considered a termination without Cause or give rise to any severance or post-termination payments or benefits for purposes of this Agreement or otherwise) in connection with an invitation from an another affiliate of the Company to accept employment with such affiliate.
Appears in 3 contracts
Samples: Employment Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC), Employment Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC), Employment Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)
Disparaging Comments. Executive agrees that during the period of his employment with the Company or any of its affiliates and thereafter, Executive shall not make any disparaging or defamatory comments regarding the Company or any of its subsidiaries or affiliatesor, or after termination of his employment relationship with the Company or any of its subsidiaries or affiliatesCompany, make any comments concerning any aspect of the termination of their relationship. The obligations of Executive under this subparagraph shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. The Company agrees that during the period of the Executive’s employment with the Company or any of its subsidiaries and thereafter, members of the Company’s senior management Company shall be prohibited from making not make any disparaging or defamatory comments regarding the Executive or, after termination of the Executive’s his employment relationship with the Company or any of its subsidiariesCompany, and from making make any comments concerning any aspect of the termination of their relationship. The obligations of the parties Company under this subsection subparagraph shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. Nothing contained in this Section 6 shall limit any common law or statutory obligation that Executive may have to the Company or an affiliateany of its affiliates. For purposes of this Section 66 and Section 7, the “the Company” refers to the Company and any incorporated or unincorporated affiliatesaffiliates of the Company, including any entity which becomes Executive’s employer as a result of any transaction, reorganization or restructuring of the Company for any reason. The Company shall be entitled, in connection with its tax planning or other reasons, to terminate Executive’s employment (which termination shall not be considered a termination without Cause for purposes of this Agreement or otherwise) in connection with an invitation from an another affiliate of the Company to accept employment with such affiliateaffiliate in which case the terms and conditions hereof shall apply to Executive’s employment relationship with such entity mutatis mutandis.
Appears in 2 contracts
Samples: Employment Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC), Employment Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)
Disparaging Comments. Executive The Management Investor agrees that during the period of his employment with the Company or any of its affiliates subsidiaries and thereafter, Executive the Management Investor shall not make any disparaging or defamatory comments regarding the Company or any of its subsidiaries or affiliatesor, or after termination of his employment relationship with the Company or any of its subsidiaries or affiliatessubsidiaries, make any comments concerning any aspect of the termination of their relationship. The Company agrees that during the period of the ExecutiveManagement Investor’s employment with the Company or any of its subsidiaries and thereafter, members of the Company’s senior management shall be prohibited from making disparaging or defamatory comments regarding the Executive Management Investor or, after termination of the ExecutiveManagement Investor’s employment relationship with the Company or any of its subsidiaries, and from making any comments concerning any aspect of the termination of their relationship. The obligations of the parties under this subsection subparagraph shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. Nothing contained in this Section 6 4 shall limit any common law or statutory obligation that Executive the Management Investor may have to the Company or an affiliateany of its Affiliates. For purposes of this Section 64 and Section 1, “the Company” refers to the Company and any incorporated or unincorporated affiliatesAffiliates of the Company, including any entity which becomes Executivethe Management Investor’s employer as a result of any transaction, reorganization or restructuring of the Company for any reason. The Company shall be entitled, in connection with its tax planning or other reasons, to terminate Executivea Management Investor’s employment (which termination shall not be considered a termination without Cause for purposes of this Agreement or otherwise) in connection with an invitation from an affiliate another Affiliate of the Company to accept employment with such affiliateAffiliate.
Appears in 1 contract
Samples: Management Shareholder Award Agreement (Railamerica Inc /De)