Common use of Disparaging Comments Clause in Contracts

Disparaging Comments. The Management Investor and the Company agree that both during and after the Management Investor’s employment with the Company, the Management Investor and the Company shall not make any disparaging or defamatory comments regarding the other, or make any disparaging or defamatory comments concerning any aspect of the termination of the employment relationship. The obligations of the Management Investor and the Company under this subparagraph shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. Nothing contained in this Section 5 shall limit any common law or statutory obligation that the Management Investor may have to the Company. For purposes of the foregoing provisions of this Section 5, each reference to “the Company” shall be deemed to include any incorporated or unincorporated affiliates of the Company (including, without limitation, subsidiaries), including any entity which becomes the Management Investor’s employer as a result of any business transaction, reorganization or restructuring of the Company for any reason. The Company shall be entitled, in connection with tax planning or other reasons, to terminate the 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 another affiliate of the Company to accept employment with such affiliate in which case the terms and conditions hereof shall apply to the Management Investor’s employment relationship with such entity mutatis mutandis.

Disparaging Comments. The Management Investor Executive and the Company agree that both during and after the Management InvestorExecutive’s employment with the CompanyCompany or any of its affiliates, the Management Investor Executive and the Company shall not make any disparaging or defamatory comments regarding the otherother (including the Company’s subsidiaries or affiliates), or make any disparaging or defamatory comments concerning any aspect of the termination of the employment relationship. The obligations of the Management Investor Executive and the Company under this subparagraph shall not apply to disclosures required by applicable law, regulation or order of any court or governmental agency. Nothing contained in this Section 5 2 shall limit any common law or statutory obligation that the Management Investor Executive may have to the CompanyCompany or any of its affiliates. For purposes of the foregoing provisions of this Section 52 and Section 3, each reference to “the Company” shall be deemed refers to include the Company and any incorporated or unincorporated affiliates of the Company (including, without limitation, subsidiaries)Company, including any entity which becomes the Management InvestorExecutive’s employer as a result of any business transactionBusiness Combination, reorganization or restructuring of the Company for any reason. The Company shall be entitled, in connection with tax planning or other reasons, to terminate the Management InvestorExecutive’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 another affiliate of the Company to accept employment with such affiliate in which case the terms and conditions hereof shall apply to the Management InvestorExecutive’s employment relationship with such entity mutatis mutandis.