Non Competition Solicitation of Employees Sample Clauses

Non Competition Solicitation of Employees. (a) During the period beginning on the Closing Date and ending on the fifth anniversary of the Closing Date (the “Restricted Period”), Seller will not, and will cause its Subsidiaries not to, directly or indirectly, (i) subject to ‎Section 5.07(b), within the United States, Canada or Mexico, (A) engage in the Restricted Business or (B) manage, operate, own, control or participate in the ownership, management, operation or control of, any corporation, partnership, limited liability company, association, trust or other entity or organization (“Business Entity”) or subset of any Business Entity that is engaged in the Restricted Business or (ii) disparage Purchaser or any of its Affiliates in any way that would be reasonably likely to adversely affect the goodwill, reputation or business relationships of Purchaser or any of its Affiliates with any of their customers, suppliers, employees or other material business relations of the Business; provided that in no event will advising or referring customers in the ordinary course of business as to preferred partners for specific commercial solutions constitute disparagement in and of itself. (b) Notwithstanding the foregoing or anything to the contrary contained in this Agreement, neither Seller nor any of its Subsidiaries shall be prohibited at any time from: (i) engaging in any of the businesses of Seller or any of its Subsidiaries existing as of the date hereof, other than the Restricted Business; (ii) owning or acquiring an interest in (but not participating in the management or operation of) any mutual fund or similar common investment vehicle that may own an interest in any Business Entity that engages in all or a portion of the Restricted Business; (iii) owning or acquiring, for purposes of passive investment, less than 10% of (A) any class of securities or (B) the value of any class of indebtedness of any Business Entity that engages in all or a portion of the Restricted Business, so long as Seller and its Subsidiaries do not control or participate in the management or operation of such Business Entity; or (iv) acquiring the whole or any part of an After-Acquired Business; provided that Seller or such Subsidiary of Seller will promptly (and in any event within six months) following the acquisition of such After-Acquired Business dispose of the assets representing the portion of such After-Acquired Business that engages in the Restricted Business; provided, further, that Seller and its Subsidiaries shall not...
Sample 1
AutoNDA by SimpleDocs
Non Competition Solicitation of Employees. (a) During the period beginning on the Closing Date and ending on the fifth anniversary of the Closing Date (the “Restricted Period”), Seller will not, and will cause its Subsidiaries not to, directly or indirectly, (i) subject to ‎Section 5.07(b), within the United States, Canada or Mexico, (A) engage in the Restricted Business or (B) manage, operate, own, control or participate in the ownership, management, operation or control of, any corporation, partnership, limited liability company, association, trust or other entity or organization (“Business Entity”) or subset of any Business Entity that is engaged in the Restricted Business or (ii) disparage Purchaser or any of its Affiliates in any way that would be reasonably likely to adversely affect the goodwill, reputation or business relationships of Purchaser or any of its Affiliates with any of their customers, suppliers, employees or other material business relations of the Business; provided that in no event will advising or referring customers in the ordinary course of business as to preferred partners for specific commercial solutions constitute disparagement in and of itself.
Sample 1
Non Competition Solicitation of Employees. For a period of two (2) years following the Closing Date, neither the Sellers nor any of their Affiliates shall, directly or indirectly, engage in any business which offers for sale, markets, develops, distributes, promotes or licenses software components for sale to OEM manufacturers, or stand-alone products or solutions for sale to any customer, which, in either case, offer the same or substantially similar functionality to customers as (i) any of the Products or (ii) any product of the Buyer which represents an upgrade or modification of or enhancement to, any of the Products and which has the same or substantially similar functionality as any of the Products. The foregoing restriction shall not apply to the activities of the New Company (see Article 4), or to Texcel Sweden in its capacity as an equity owner therein. Further, for a period of two (2) years following the Closing Date, neither the Sellers nor any of their Affiliates shall, directly or indirectly, solicit, induce or encourage any person employed by the Buyer in the operation of the business involving the Purchased Assets to terminate his or her employment with the Buyer, provided, however, that the restrictions set forth in this Section 10.2 shall not be construed to limit or restrict the Sellers or any of their Affiliates from (i) making general, untargeted public solicitations for employment in print, broadcast or electronic media, or (ii) transitioning to the Buyer full control and use of the Purchased Assets.
Sample 1
Non Competition Solicitation of Employees. I acknowledge and agree that the Confidential Information is the exclusive and valuable property of the Company and may not be used by me for any purpose of any kind, directly or indirectly, except during the term of this Agreement for the sole and exclusive benefit of the Company in my capacity as an employee of the Company and that the success of the Company depends on my observance of his covenants in this Section 7.
Sample 1
Non Competition Solicitation of Employees. Commencing with the effective date hereof and ending on May 31, 2007 (the “Limitation Period”), except with the written consent of the Board of Trustees of the Company (the “Board”), Consultant shall not directly or indirectly, own, manage, operate, join, control, finance or participate in the ownership, management, operation, control or financing of, or be connected as an officer, director, employee, partner, principal, agent, representative, stockholder, consultant, investor or otherwise with, or use or permit his name to be used in connection with, any person, business or enterprise which directly or indirectly engages in the Company’s Business (as defined immediately below). For purposes of this Agreement, the “Company’s Business” shall mean the acquisition, development, management or operation of student, military or multifamily housing which caters to either; the construction, renovation or maintenance of such housing or similar facilities; or the provision of property management, construction or similar services to owners or other operators of such housing or similar facilities. In further consideration for the Company’s promises under this Agreement, Consultant agrees that for the Limitation Period Consultant will not:
Sample 1
Non Competition Solicitation of Employees. Exclusivity; Confidentiality.
Sample 1
Non Competition Solicitation of Employees 
Sample 1Sample 2Sample 3See All (6)
AutoNDA by SimpleDocs

Related to Non Competition Solicitation of Employees

  • Non-Solicitation of Employees The Executive will not, during the period of the Executive’s employment with the Company, and for a period of one year after the termination of the Executive’s employment with the Company for any reason, directly or indirectly, recruit, solicit or otherwise induce or attempt to induce any employee of the Company to leave the employment of the Company, nor hire any such employee at any enterprise with which the Executive is then affiliated.

  • Non-Competition/Solicitation To the Company’s knowledge, no Respondent is subject to any non-competition agreement or non-solicitation agreement with any employer or prior employer which could materially affect such Respondent’s ability to be and act in the capacity of a director or officer of the Company, as applicable.

  • Solicitation of Employees I agree that for a period of twelve (12) months immediately following the termination of my relationship with the Company for any reason, whether with or without cause, I shall not either directly or indirectly solicit, induce, recruit or encourage any of the Company’s employees to leave their employment, or take away such employees, or attempt to solicit, induce, recruit, encourage or take away employees of the Company, either for myself or for any other person or entity.

  • Employee Non-Solicitation During the term of Executive's employment with the Company and for one (1) year thereafter, Executive shall not directly or indirectly encourage any Company employee to terminate his employment with the Company unless Executive does so in the course of performing his duties for the Company and such encouragement is in the Company's best interests. For purposes of this Article VII, the term “Company” means Kohl's Department Stores, Inc. and its parent companies, subsidiaries and other affiliates.

  • No Solicitation of Employees In partial consideration for the award of these Units, in order to forestall the disclosure or use of Confidential Information, as well as to deter the Grantee’s intentional interference with the contractual relations of the Company or any Affiliated Company, the Grantee’s intentional interference with prospective economic advantage of the Company or any Affiliated Company, and to promote fair competition, the Grantee agrees that the Grantee’s right to receive the Shares upon settlement of the Units is contingent upon the Grantee refraining, during the Period of Restriction and for a period of one (1) year after the Settlement Date, for himself/herself or any third party, directly or indirectly, from soliciting for employment any person employed by the Company, or by any Affiliated Company, during the period of the solicited person’s employment and for a period of one (1) year after the termination of the solicited person’s employment with the Company or any Affiliated Company (collectively “Solicit”). If, during the term of the Period of Restriction or at any time within one (1) year after the Settlement Date, the Grantee breaches his/her obligation not to Solicit, the Grantee’s right to the Shares upon settlement of the Units shall not have been earned and the Units, whether vested or not, will be immediately cancelled, and the Grantee shall immediately return to the Company the Shares issued in settlement of the Units or the pre-tax income derived from any disposition of such Shares. THE GRANTEE UNDERSTANDS THAT THIS PARAGRAPH IS NOT INTENDED TO AND DOES NOT PROHIBIT THE CONDUCT DESCRIBED, BUT PROVIDES FOR THE CANCELLATION OF THE UNITS AND A RETURN TO THE COMPANY OF THE SHARES OR THE GROSS TAXABLE PROCEEDS OF THE SHARES IF THE GRANTEE SHOULD CHOOSE TO VIOLATE THIS NON-SOLICITATION OF EMPLOYEES PROVISION DURING THE PERIOD OF RESTRICTION OR WITHIN ONE (1) YEAR AFTER THE SETTLEMENT DATE.

  • Non-Compete, Non-Solicitation Except as described in the Statutory Prospectus and the Prospectus, to the Company’s knowledge, none of the Sponsor, directors or officers of the Company is subject to a noncompetition agreement or non-solicitation agreement with any employer or prior employer that could materially affect its, his or her ability to be and act in the capacity of shareholder, officer or director of the Company, as applicable.

  • Non-Solicitation of Company Employees Executive shall not, at any time during the Restricted Period (as defined below), without the prior written consent of the Company, engage in the following conduct (a "Solicitation"):

  • Non-Solicitation of Executives During the Non-Compete Term, Executive will not, either directly or indirectly, call on, solicit or induce any other executive or officer of the Company or its affiliates with whom Executive had contact, knowledge of, or association with in the course of employment with the Company to terminate his employment, and will not assist any other person or entity in such a solicitation; PROVIDED, HOWEVER, that with respect to soliciting any executive or officer whose employment was terminated by the Company or its affiliates, or general solicitations for employment not targeted at current officers or employees of the Company or its affiliates, the foregoing restriction shall not apply.

  • Non-Competition; Non-Solicitation Executive acknowledges and recognizes the highly competitive nature of the businesses of the Company and its affiliates and accordingly agrees as follows:

  • Non-Solicitation; Non-Competition (a) Executive agrees that, during the Term and until nine (9) months after the termination of his employment, Executive will not, directly or indirectly, including on behalf of any person, firm or other entity, employ or actively solicit for employment any employee of the Company or any of its Affiliated Entities, or anyone who was an employee of the Company or any of its Affiliated Entities within the nine (9) months prior to the termination of Executive’s employment, or induce any such employee to terminate his or his employment with the Company or any of its Affiliated Entities.

Time is Money Join Law Insider Premium to draft better contracts faster.