Common use of NON-COMPETITION AND OTHER PROTECTIVE COVENANTS Clause in Contracts

NON-COMPETITION AND OTHER PROTECTIVE COVENANTS. Employee acknowledges that (i) Employer, by and through its subsidiaries and affiliated companies, conducts business throughout the world, (ii) Employer and the GCM Group have a vital and continuing interest in protecting that business, including without limitation, their existing and prospective relationships with clients and with investment funds in which any Grosvenor Party or investment funds managed by any of them invest, its marketing agents, and its officers, employees, and consultants (“Employer’s Interests”), (iii) the covenants contained in this §9 are reasonably necessary to protect Employer’s Interests, including, but not limited to, those identified above, and (iv) the restrictions and other provisions hereafter set forth in this §9 are reasonable and necessary in all respects including, without limitation, duration, geographic reach, and scope of activities covered, to provide such protection of Employer’s Interests. Employee further acknowledges and represents that the Base Salary, Annual Cash Bonus, carried interest, RSUs, and Separation Payments provided by Employer under §5 adequately compensate Employee for any potential employment opportunities Employee may forego as a result of Employee’s compliance with the protective covenants contained in this §9, that such compensation will enable Employee to provide for the needs and wants of Employee’s family without violating such restrictions, and that the truth of the foregoing representations is a material condition to Employee’s employment by Employer. Accordingly, in special consideration of the promises and covenants given to Employee under this Agreement, including, without limitation, Employee’s entitlement to participate in any carried interest, deferred compensation, or long-term incentive programs established at any time by Employer or its Affiliates, pursuant to §5, and Employee’s entitlement to the Separation Payments and expense reimbursements, Employee agrees to be bound by and to faithfully observe the restrictions and covenants set forth hereafter in this §9 and further agrees that Employee will not do or attempt to do indirectly, through any other Person, or by any other manner, means, or artifice, anything which this §9 prohibits Employee from doing directly.

Appears in 1 contract

Samples: Employment and Protective Covenants Agreement (GCM Grosvenor Inc.)

AutoNDA by SimpleDocs

NON-COMPETITION AND OTHER PROTECTIVE COVENANTS. The Employee acknowledges that (i) Employer, by and through its subsidiaries and affiliated companies, conducts business throughout the world, (ii) Employer and the GCM Group have has a vital and continuing interest in protecting that business, including without limitation, their its existing and prospective relationships with clients and with investment funds in which any Grosvenor Party or investment funds managed by any of them invest, its marketing agents, and its officers, employees, and consultants (“Employer’s Interests”), (iii) the covenants contained in this §9 8 are reasonably necessary to protect Employer’s Interests, including, but not limited to, those identified above, and (iv) the restrictions and other provisions hereafter set forth in this §9 8 are reasonable and necessary in all respects including, without limitation, duration, geographic reach, and scope of activities covered, to provide such protection of Employer’s Interests. The Employee further acknowledges and represents that the Base Salarycompensation, Annual Cash Bonusbenefits, carried interest, RSUs, expense reimbursement and Post-Employment Separation Payments provided by Employer under §5 4 adequately compensate the Employee for any potential employment opportunities Employee he may forego as a result of Employee’s his compliance with the protective covenants contained in this §98, that such compensation payments will enable Employee him to provide for the needs and wants of Employee’s his family without violating such restrictions, and that the truth of the foregoing representations is a material condition to Employee’s his employment by Employer. Accordingly, in special consideration of the promises and covenants given to the Employee under this Agreement, including, without limitation, the Employee’s entitlement to participate in any carried interest, deferred compensation, compensation or long-term incentive programs established at any time by the Employer or its AffiliatesAffiliates (including, with respect to periods after the Closing, the Corporation), pursuant to §5subsection 4(b) and, effective upon and following the Closing, Employee’s positions with the Corporation, and Employee’s entitlement other consideration deliverable directly or indirectly to the Separation Payments Employee and expense reimbursementshis Affiliates in connection with the Transaction, the Employee agrees to be bound by and to faithfully observe the restrictions and covenants set forth hereafter in this §9 8 and further agrees that Employee he will not do or attempt to do indirectly, through any other Person, or by any other manner, means, or artifice, anything which this §9 8 prohibits Employee him from doing directly.

Appears in 1 contract

Samples: Employment Agreement (GCM Grosvenor Inc.)

NON-COMPETITION AND OTHER PROTECTIVE COVENANTS. Employee acknowledges that (i) Employer, by and through its subsidiaries and affiliated companies, conducts business throughout the world, (ii) Employer and the GCM Group have a vital and continuing interest in protecting that business, including without limitation, their existing and prospective relationships with clients and with investment funds in which any Grosvenor Party or investment funds managed by any of them invest, its marketing agents, and its officers, employees, and consultants (“Employer’s Interests”), (iii) the covenants contained in this §9 are reasonably necessary to protect Employer’s Interests, including, but not limited to, those identified above, and (iv) the restrictions and other provisions hereafter set forth in this §9 are reasonable and necessary in all respects including, without limitation, duration, geographic reach, and scope of activities covered, to provide such protection of Employer’s Interests. Employee further acknowledges and represents that the Base Salarybase salary, Annual Cash Bonus, carried interestSign-On Bonus, RSUs, Holdings Participation and Separation Payments Post-Employment Consulting Compensation provided by Employer under §5 adequately compensate Employee for any potential employment opportunities Employee he/she may forego as a result of Employee’s his/her compliance with the protective covenants contained in this §9, that such compensation will enable Employee him/her to provide for the needs and wants of Employee’s his/her family without violating such restrictions, and that the truth of the foregoing representations is a material condition to Employee’s his/her employment by Employer. Accordingly, in special consideration of the promises and covenants given to Employee under this Agreement, including, without limitation, Employee’s entitlement to participate in any carried interest, deferred compensation, or long-term incentive programs established at any time by Employer or its Affiliates, pursuant to §5, and Employee’s entitlement to the Separation Payments and expense reimbursements, Employee agrees to be bound by and to faithfully observe the restrictions and covenants set forth hereafter in this §9 and further agrees that Employee he/she will not do or attempt to do indirectly, through any other Person, or by any other manner, means, or artifice, anything which this §9 prohibits Employee him/her from doing directly.

Appears in 1 contract

Samples: Employment And (GCM Grosvenor Inc.)

NON-COMPETITION AND OTHER PROTECTIVE COVENANTS. Employee acknowledges that (i) Employer, by and through its subsidiaries and affiliated companies, conducts business throughout the world, (ii) Employer and the GCM Group have a vital and continuing interest in protecting that business, including without limitation, their existing and prospective relationships with clients and with investment funds in which any Grosvenor Party or investment funds managed by any of them invest, its marketing agents, and its officers, employees, and consultants (“Employer’s Interests”), (iii) the covenants contained in this §9 are reasonably necessary to protect Employer’s Interests, including, but not limited to, those identified above, and (iv) the restrictions and other provisions hereafter set forth in this §9 are reasonable and necessary in all respects including, without limitation, duration, geographic reach, and scope of activities covered, to provide such protection of Employer’s Interests. Employee further acknowledges and represents that the Base Salary, Annual Cash Bonus, carried interestInitial LTIP Awards, RSUsrelocation bonus, and temporary housing allowance, Separation Payments and Insurance Benefit provided by Employer under §5 adequately compensate Employee for any potential employment opportunities Employee he/she may forego as a result of Employee’s his/her compliance with the protective covenants contained in this §9, that such compensation will enable Employee him/her to provide for the needs and wants of Employee’s his/her family without violating such restrictions, and that the truth of the foregoing representations is a material condition to Employee’s his/her employment by Employer. Accordingly, in special consideration of the promises and covenants given to Employee under this Agreement, including, without limitation, Employee’s entitlement to participate in any carried interest, deferred compensation, or long-term incentive programs established at any time by Employer or its Affiliates, pursuant to §5, and Employee’s entitlement to the Separation Payments and expense reimbursements, Employee agrees to be bound by and to faithfully observe the restrictions and covenants set forth hereafter in this §9 and further agrees that Employee he/she will not do or attempt to do indirectly, through any other Person, or by any other manner, means, or artifice, anything which this §9 prohibits Employee him/her from doing directly.

Appears in 1 contract

Samples: Protective Covenants Agreement (GCM Grosvenor Inc.)

AutoNDA by SimpleDocs

NON-COMPETITION AND OTHER PROTECTIVE COVENANTS. Employee acknowledges that (i) Employer, by and through its subsidiaries and affiliated companies, conducts business throughout the world, (ii) Employer and the GCM Group have a vital and continuing interest in protecting that business, including without limitation, their existing and prospective relationships with clients and with investment funds in which any Grosvenor Party or investment funds managed by any of them invest, its marketing agents, and its officers, employees, and consultants (“Employer’s Interests”), (iii) the covenants contained in this §9 are reasonably necessary to protect Employer’s Interests, including, but not limited to, those identified above, and (iv) the restrictions and other provisions hereafter set forth in this §9 are reasonable and necessary in all respects including, without limitation, duration, geographic reach, and scope of activities covered, to provide such protection of Employer’s Interests. Employee further acknowledges and represents that the Base Salarybase salary, Annual Cash Bonus, carried interestOne-Time Bonus, RSUsGrosvenor Interest, MAC Carried Interest, Altscape Carried Interest, SOF Awards and Separation Payments Post- Employment Consulting Compensation provided by Employer under §5 adequately compensate Employee for any potential employment opportunities Employee he/she may forego as a result of Employee’s his/her compliance with the protective covenants contained in this §9, that such compensation will enable Employee him/her to provide for the needs and wants of Employee’s his/her family without violating such restrictions, and that the truth of the foregoing representations is a material condition to Employee’s his/her employment by Employer. Accordingly, in special consideration of the promises and covenants given to Employee under this Agreement, including, without limitation, Employee’s entitlement to participate in any carried interest, deferred compensation, or long-term incentive programs established at any time by Employer or its Affiliates, pursuant to §5, and Employee’s entitlement to the Separation Payments and expense reimbursements, Employee agrees to be bound by and to faithfully observe the restrictions and covenants set forth hereafter in this §9 and further agrees that Employee he/she will not do or attempt to do indirectly, through any other Person, or by any other manner, means, or artifice, anything which this §9 prohibits Employee him/her from doing directly.

Appears in 1 contract

Samples: Employment And (GCM Grosvenor Inc.)

NON-COMPETITION AND OTHER PROTECTIVE COVENANTS. Employee acknowledges that (i) Employer, by and through its subsidiaries and affiliated companies, conducts business throughout the world, (ii) Employer and the GCM Group have a vital and continuing interest in protecting that business, including without limitation, their existing and prospective relationships with clients and with investment funds in which any Grosvenor Party or investment funds managed by any of them invest, its marketing agents, and its officers, employees, and consultants (“Employer’s Interests”), (iii) the covenants contained in this §9 are reasonably necessary to protect Employer’s Interests, including, but not limited to, those identified above, and (iv) the restrictions and other provisions hereafter set forth in this §9 are reasonable and necessary in all respects including, without limitation, duration, geographic reach, and scope of activities covered, to provide such protection of Employer’s Interests. Employee further acknowledges and represents that the Base Salarybase salary, Annual Cash Bonus, carried interestOne-Time Bonus, RSUsGCM Management Participation, and Separation Payments Post-Employment Consulting Compensation provided by Employer under §5 adequately compensate Employee for any potential employment opportunities Employee she may forego as a result of Employee’s her compliance with the protective covenants contained in this §9, that such compensation will enable Employee her to provide for the needs and wants of Employee’s her family without violating such restrictions, and that the truth of the foregoing representations is a material condition to Employee’s her employment by Employer. Accordingly, in special consideration of the promises and covenants given to Employee under this Agreement, including, without limitation, Employee’s entitlement to participate in any carried interest, deferred compensation, or long-term incentive programs established at any time by Employer or its Affiliates, pursuant to §5, and Employee’s entitlement to the Separation Payments and expense reimbursements, Employee agrees to be bound by and to faithfully observe the restrictions and covenants set forth hereafter in this §9 and further agrees that Employee she will not do or attempt to do indirectly, through any other Person, or by any other manner, means, or artifice, anything which this §9 prohibits Employee her from doing directly.

Appears in 1 contract

Samples: Employment and Protective Covenants Agreement (GCM Grosvenor Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!