Non-Competition Obligation. In order to safeguard the Employer’s and the Company’s Protectable Interests (as defined below), Xxxxxxx agrees that if he or she has a Front Office position, during Xxxxxxx’s employment and Post-employment Period after Xxxxxxx’s employment terminates, Grantee will not, without prior written consent of the Company’s Head of Human Resources, directly or indirectly, on behalf of a Competitor, engage in Competitive Activity (the restriction under this Paragraph, the “Non-competition Obligation”). The length of the post-employment Non-Competition Obligation will be equal to the length of Xxxxxxx’s Notice Obligation as of the date of Xxxxxxx’s termination of employment (the “Post-employment Period”). For example, if Grantee has a 3-month Notice Obligation, the length of Xxxxxxx’s Post-employment Period is three (3) months. The post-employment Non-competition Obligation does not apply if Grantee’s employment is terminated by the Company without Cause. If Grantee fully complies with Xxxxxxx’s Notice Obligations, the length of Xxxxxxx’s Post-employment Period will be reduced by the number of days Grantee remains on payroll during the Notice Period (for example, if Xxxxxxx’s Employer holds Grantee to Grantee’s full Notice Period, Grantee will not have any further Post-employment Period if Grantee fully complies with the Notice Obligations). Grantee acknowledges that this Non-Competition Obligation is in addition to any client non-solicitation obligation set forth in any offer letter, Terms and Conditions of Employment, or deferred compensation award agreement, and that such agreements are amended to add this Non-Competition Obligation; provided, however, that if Grantee has agreed to a longer post-employment non-competition period in an offer letter or Terms and Conditions of Employment, the longer length of time governs. If the Grantee has an Employment Agreement in effect as of the Grant Date, then that Employment Agreement governs.
Appears in 2 contracts
Samples: Deferred Cash Award Agreement (Cowen Inc.), Restricted Stock Unit and Deferred Cash Award Agreement (Cowen Inc.)
Non-Competition Obligation. In order to safeguard the Employer’s and the Company’s Protectable Interests (as defined below), Xxxxxxx Grantee agrees that if he or she has a Front Office position, during XxxxxxxGrantee’s employment and Post-employment Period after XxxxxxxGrantee’s employment terminates, Grantee will not, without prior written consent of the Company’s Head of Human Resources, directly or indirectly, on behalf of a Competitor, engage in Competitive Activity (the restriction under this Paragraph, the “Non-competition Obligation”). The length of the post-employment Non-Competition Obligation will be equal to the length of XxxxxxxGrantee’s Notice Obligation as of the date of XxxxxxxGrantee’s termination of employment (the “Post-employment Period”). For example, if Grantee has a 3-month Notice Obligation, the length of XxxxxxxGrantee’s Post-employment Period is three (3) months. The post-employment Non-competition Obligation does not apply if Grantee’s employment is terminated by the Company without Cause. If Grantee fully complies with XxxxxxxGrantee’s Notice Obligations, the length of XxxxxxxGrantee’s Post-employment Period will be reduced by the number of days Grantee remains on payroll during the Notice Period (for example, if XxxxxxxGrantee’s Employer holds Grantee to Grantee’s full Notice Period, Grantee will not have any further Post-employment Period if Grantee fully complies with the Notice Obligations). Grantee acknowledges that this Non-Competition Obligation is in addition to any client non-solicitation obligation set forth in any offer letter, Terms and Conditions of Employment, or deferred compensation award agreement, and that such agreements are amended to add this Non-Competition Obligation; provided, however, that if Grantee has agreed to a longer post-employment non-competition period in an offer letter or Terms and Conditions of Employment, the longer length of time governs. If the Grantee has an Employment Agreement in effect as of the Grant Date, then that Employment Agreement governs.
Appears in 2 contracts
Samples: Restricted Stock Unit and Deferred Cash Award Agreement (Cowen Inc.), Restricted Stock Unit and Deferred Cash Award Agreement (Cowen Inc.)