No Hire; Non-Solicitation. The Executive agrees that, during the Restricted Period (other than in the ordinary course of performing his duties for the Company), he will not, without the prior written consent of the Company, directly or indirectly, (i) hire any employee of the Company or any of its affiliates who is then an employee of the Company or such affiliate or was an employee during the prior six (6) month period, or (ii) solicit or encourage any such employee to leave the employ of the Company or such affiliate, as the case may be. No action by another person or entity shall be deemed to be a breach of this provision unless the Executive directly or indirectly assisted, encouraged or otherwise counseled such person or entity to engage in such activity.
No Hire; Non-Solicitation. For a period of twelve (12) months following the Closing Date, neither ETP, TPC nor any of their Affiliates shall, directly or indirectly, hire or solicit (with the exception of any general solicitation of employment through any general advertising medium in the ordinary course of business for employment as an employee or consultant), any employee of CCE or any of its Affiliates, unless such employee’s employment is or has been terminated by CCE and its Affiliates.
No Hire; Non-Solicitation. During the term of this Agreement and for a period of one (1) year immediately following the termination of this Agreement, the Contractor will not, directly or indirectly, on its own behalf or on behalf of any third party, (i) hire, seek to hire, target, recruit, solicit or induce, or attempt to induce, any employees of Company to terminate their employment with, or otherwise cease their relationship with, Company; or (ii) solicit, divert, reduce, take away, or attempt to divert, reduce or take away, the business or patronage (with respect to products or services of the kind or type developed, produced, marketed, furnished or sold by Company with which Contractor was substantively involved during the course of his, her or its engagement with Company under this Agreement) of any of Company’s clients, customers, or accounts, or prospective clients, customers or accounts, that were contacted, solicited or served by the Contractor while engaged by Company. Contractor understands that in the event of a breach or threatened breach of this provision by Contractor, Company may suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this provision, which shall be in addition to any other remedies available to it, as well as an award of attorneys’ fees and costs to cover the expenses it incurs in seeking to enforce this provision.
No Hire; Non-Solicitation. The Executive agrees that, during the Restricted Period (other than in the ordinary course of performing his duties for the Company), he will not, without the prior written consent of the Company, directly or indirectly, (i) hire any employee of the Company or any of its affiliates who is then an employee of the Company or such affiliate or was an employee during the prior twelve (12) months period; (ii) solicit or encourage any such employee to leave the employ of the Company or such affiliate, as the case may be; or (iii) solicit or service the Company’s vendors or customers on behalf of a competing business enterprise. No action by another person or entity shall be deemed to be a breach of this provision unless the Executive directly or indirectly assisted, encouraged or otherwise counseled such person or entity to engage in such activity.
No Hire; Non-Solicitation. (a) For a period of one (1) year after the Closing Date, neither the Seller nor any of its Affiliates shall hire, recruit or otherwise solicit or induce any Company Subject Employees (as defined below) to terminate their employment or engagement with, or otherwise cease their relationships with, the Company or its Affiliates. As used herein, the term “Subject Employees” means employees (at the Assistant General Manager level or above) or consultants of the Company: (i) who are employees or consultants of the Company on the Closing Date; (ii) who are employees or consultants of the Company at any time after the Closing Date; or (iii) who were employees or consultants of the Company at any time during the six months prior to the Closing Date.
(b) For a period of one (1) year after the Closing Date, neither Parent nor any of its Affiliates shall hire, recruit or otherwise solicit or induce any Seller Subject Employees (as defined below) to terminate their employment or engagement with, or otherwise cease their relationships with, Seller or its Affiliates. As used herein, the term “Seller Subject Employees” means employees (at the Assistant Manager level or above) or consultants of Seller: (i) who are employees or consultants of the Seller on the Closing Date; (ii) who are employees or consultants of the Seller at any time after the Closing Date; or (iii) who were employees or consultants of the Seller at any time during the six months prior to the Closing Date.
No Hire; Non-Solicitation. During the Restricted Period, the Equityholders shall not, directly or indirectly, except as an agent or employee of Buyer, (a) hire, solicit or interview, or attempt to hire, solicit or interview, any then-current employee of Buyer or any of its Affiliates (including TCPA after the Closing) or to persuade any such employee to leave employment with Buyer or its Affiliates, or (b) assist any third party to hire, solicit or interview, or attempt to hire, solicit or interview, any then-current employee of Buyer or to persuade any such employee to leave employment with Buyer or its Affiliates.
No Hire; Non-Solicitation. Buyer and the Company agree that for a period of two (2) years after the Closing Date, neither Buyer, the Company, nor any of their respective Affiliates that are Controlled by them shall hire or, directly or indirectly, induce or attempt to induce any employee of Seller and its Subsidiaries who is employed in a management (including senior management, regional management, divisional management or management of any operating company) or sales position to leave the employ of Seller or its Subsidiaries or in any way interfere with the relationship between Seller or its Subsidiaries and any such management level employee thereof; provided, however, nothing herein shall restrict the above referenced parties from (i) soliciting any such employee by general employment advertising or third party employment agencies (so long as such agencies are not directed by such parties to target such employees), or (ii) hiring any employee (other than a senior corporate management employee, unless the Company and Seller otherwise agree) who responds to such permitted solicitation or seeks employment on an unsolicited basis.
No Hire; Non-Solicitation. As from the date of this Agreement and for a period of one year from the Internalization Termination Date, the Asset Manager Parties shall not, and shall cause their respective affiliates not to solicit any of the Company Employees to leave their employment with the Company or the relevant subsidiary, or to hire or in any way employ, engage and/or make use of the services of any such Company Employees while engaged by the Company or any of its subsidiaries; provided that Asset Manager Parties shall not be precluded from soliciting or hiring any Company Employee, who is not an executive officer of the Company, who responds to general solicitations for employment made by the Asset Manager Parties not specifically directed at the Company Employees or responds to an executive or employee search firm where such search firm was not directly or indirectly directed by the Asset Manager Parties to contact any Company Employee, in each case and whom none of the Asset Management Parties have directly or indirectly solicited prior to such general or search firm solicitation .
No Hire; Non-Solicitation. In the event of the termination of this Agreement (other than pursuant to Section 6.1(d) or 6.1(e)), neither ACQUIROR nor Tornier, B.V., nor any of their respective Affiliates, shall, directly or indirectly, for its own account or jointly with another, or for or on behalf of any entity, as principal, stockholder, agent or otherwise, for a period of 12 months after the date of such termination, hire, retain the services of or solicit for employment or similar services any Key Executive. ACQUIROR shall be liable for any breach of this Section 4.8 by ACQUIROR or Tornier B.V., or any of their respective Affiliates.
No Hire; Non-Solicitation. (a) For a period of 12 months following the Closing Date, neither Buyers nor any Affiliate of Buyers shall, directly or indirectly, hire or solicit (with the exception of any general solicitation of employment through any general advertising medium in the ordinary course of business) for employment as an employee or consultant, any employee of Sellers or their Affiliates other than a Transferred Employee, unless such employee’s employment is or has been terminated by Sellers and their Affiliates.
(b) For a period of 12 months following the Closing Date, neither Sellers nor any of their Affiliates shall, directly or indirectly, hire or solicit (with the exception of any general solicitation of employment through any general advertising medium in the ordinary course of business) for employment as an employee or consultant, any individual who is identified as a Transferred Employee on the date hereof or who was a Transferred Employee as of the Closing Date, unless such employee’s employment is or has been terminated by Buyers and their Affiliates (including, after the Closing, the Partnership Companies).
