Common use of No Hiring or Solicitation of Employees Clause in Contracts

No Hiring or Solicitation of Employees. The Stockholder agrees that, during the Noncompetition Period, the Stockholder shall not, and shall not knowingly permit any of his Affiliates to: (a) hire any Specified Employee, or (b) directly or indirectly, personally or through others, encourage, induce, attempt to induce, solicit or attempt to solicit (on the Stockholder’s own behalf or on behalf of any other Person) any employee of the Purchaser or any of the Purchaser’s subsidiaries to leave his or her employment with the Purchaser or any of the Purchaser’s subsidiaries. For purposes of this Agreement, “Specified Employee” shall mean any individual serving in a management capacity (title of director or higher) or in a highly skilled position who (i) is or was an employee of the Company as of the date of this Noncompetition Agreement, and (ii) remains an employee of the Purchaser or the Company or becomes an employee of the Purchaser or any of the Purchaser’s other subsidiaries at any time from the date hereof until the termination of the Stockholder’s Employment; a Specified Employee shall not include (A) any employee who has been terminated by the Purchaser, or (ii) any employee who has been separated as an employee of the Purchaser for more than 90 days.

No Hiring or Solicitation of Employees. The Stockholder Key Employee agrees that, during the Noncompetition Period, the Stockholder Key Employee shall not, and shall not knowingly permit any of his Affiliates to: (a) hire any Specified Employee, or (b) directly or indirectly, personally or through others, encourage, induce, attempt to induce, solicit or attempt to solicit (on the StockholderKey Employee’s own behalf or on behalf of any other Person) any employee of the Purchaser or any of the Purchaser’s subsidiaries to leave his or her employment with the Purchaser or any of the Purchaser’s subsidiaries. For purposes of this Agreement, “Specified Employee” shall mean any individual serving in a management capacity (title of director or higher) or in a highly skilled position who (i) is or was an employee of the Company as on the date of this Noncompetition Agreement or during the 90-day period ending on the date of this Noncompetition Agreement, and (ii) remains an employee of the Purchaser or the Company or becomes an employee of the Purchaser or any of the Purchaser’s other subsidiaries on the date of this Noncompetition Agreement or at any time from during the date hereof until the termination of the Stockholder’s Employment; a Specified Employee shall not include (A) any employee who has been terminated by the Purchaser, or (ii) any employee who has been separated as an employee of the Purchaser for more than 90 daysNoncompetition Period.