Common use of Employment Status Clause in Contracts

Employment Status. The Adviser is not aware that (A) any executive, key employee or significant group of employees of the Company, if any, any of the Subsidiaries, the Adviser or the Administrator, as applicable, plans to terminate employment with the Company, any of the Subsidiaries, the Adviser or the Administrator or (B) any such executive or key employee is subject to any noncompete, nondisclosure, confidentiality, employment, consulting or similar agreement that would be violated by the present or proposed business activities of the Company, the Subsidiaries or the Adviser except where such termination or violation would not reasonably be expected to have a Material Adverse Effect.

Appears in 60 contracts

Samples: Purchase Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp)

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Employment Status. The Adviser is not aware that (A) any executive, key employee or significant group of employees of the Company, if any, any of the Subsidiaries, the Adviser or the Administrator, as applicable, plans to terminate employment with the Company, any of the Subsidiaries, the Adviser or the Administrator or (B) any such executive or key employee is subject to any noncompetenon-compete, nondisclosure, confidentiality, employment, consulting or similar agreement that would be violated by the present or proposed business activities of the Company, the Subsidiaries or the Adviser except where such termination or violation would not reasonably be expected to have a Material Adverse Effect.

Appears in 22 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

Employment Status. The Adviser is not aware that (A) any executive, key employee or significant group of employees of the Company, if any, any of the SubsidiariesSubsidiary, the Adviser or the Administrator, as applicable, plans to terminate employment with the Company, any of the SubsidiariesSubsidiary, the Adviser or the Administrator or (B) any such executive or key employee is subject to any noncompetenon-compete, nondisclosure, confidentiality, employment, consulting or similar agreement that would be violated by the present or proposed business activities of the Company, the Subsidiaries Subsidiary or the Adviser except where such termination or violation would not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

Employment Status. The Adviser is not aware that (A) any executive, key employee or significant group of employees of the Company, if any, any of the Subsidiaries, the Adviser or the Administrator, as applicable, plans to terminate employment with the Company, any of the Subsidiaries, the Adviser or the Administrator or (B) any such executive or key employee is subject to any noncompetenon compete, nondisclosure, confidentiality, employment, consulting or similar agreement that would be violated by the present or proposed business activities of the Company, the Subsidiaries Subsidiaries, the Adviser or the Adviser Administrator except where such termination or violation would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Dealer Manager Agreement (Ares Capital Corp)

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Employment Status. The Adviser Advisor is not aware that (Ai) any executive, key employee or significant group of employees of the CompanyFidus Entities, if any, any of the SubsidiariesAdvisor, the Adviser or the AdministratorGeneral Partner, as applicable, plans to terminate employment with the Company, any of the SubsidiariesFidus Entities, the Adviser Advisor, or the Administrator General Partner, as applicable, or (Bii) any such executive or key employee is subject to any noncompetenon-compete, nondisclosure, confidentiality, employment, consulting or similar agreement that would be violated by the present or proposed business activities of the CompanyFidus Entities, the Subsidiaries Advisor, or the Adviser General Partner, except where such termination or violation would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (FIDUS INVESTMENT Corp)

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