Non-Solicitation of Transferred Employees. None of Seller, any of its representatives or any of its Affiliates will at any time prior to two (2) years from the date hereof, directly or indirectly, solicit the employment of any Transferred Employee without Buyer's prior written consent. The term "solicit the employment" shall not be deemed to include generalized searches for employees through media advertisements, employment firms or otherwise that are not focused on Transferred Employees. This restriction shall not apply to any employee whose employment is involuntarily terminated by Buyer, or its successors, after the Closing. Solicitation of employment shall be deemed to occur if the Persons who perform such solicitation have knowledge of the existence of this Agreement or if such Persons have no knowledge of the existence of this Agreement but Seller's employees with knowledge of the existence of this Agreement have advance knowledge of any such solicitation.
Non-Solicitation of Transferred Employees. Following the Closing for a period of two (2) years, Seller shall not, and shall cause its Subsidiaries and their representatives not to, solicit to employ, or solicit to provide services to Seller or any of its Subsidiaries, any Transferred Employee who is then-employed by or otherwise providing services to Buyer or its Affiliates or any other employee or consultant of Buyer or its Affiliates who was involved in the Transactions contemplated by this Agreement and who is then-employed by or then-providing service to Buyer or its Affiliates. Following the Closing for a period of one (1) year, Buyer shall not, and shall cause its Subsidiaries and their representatives not to, solicit to employ, or solicit to provide services to Buyer or any of its Subsidiaries, any employee or consultant of Seller or its Affiliates who was involved in the Transactions contemplated by this Agreement and who is then-employed by or then-providing service to Seller or its Affiliates. Following the Closing for a period of one (1) year, Seller shall not, and shall cause its Subsidiaries and their representatives not to, solicit to employ, or solicit to provide services to Seller or any of its Subsidiaries, any employee or consultant of Buyer or its Affiliates who was involved in the Transactions contemplated by this Agreement and who is then-employed by or then-providing services to Buyer or its Affiliates. For purposes of this Section 8.4, the term “solicit” shall not be deemed to include generalized searches for employees or consultants through media advertisements or employment firms. Seller agrees that it will not, and will cause its Affiliates not to, assert that any Transferred Employees have breached any agreements with Seller or its Affiliates, including but not limited to any employment, consulting, noncompete, and/or confidentiality agreements, by accepting employment with and/or performing any services for Buyer or any of its Affiliates.
Non-Solicitation of Transferred Employees. None of Seller, any of its Affiliates or any of their representatives will at any time prior to the date that is two (2) years after the Closing Date, directly or indirectly, for Seller, its Affiliates or on behalf of or in conjunction with any other Third Party, solicit the employment of, hire or employ any Transferred Employee without Buyer’s prior written consent. For purposes of this Section 6.8, the term “soliciting” shall not be deemed to include generalized searches for employees through media advertisements, employment firms or otherwise that are not focused on or directed to the Transferred Employees. The restriction set forth in this Section 6.8 shall not apply to any Transferred Employee whose employment was involuntarily terminated other than for cause by Xxxxx, a Buyer Designee, or their respective successors or assigns, after the Closing.
Non-Solicitation of Transferred Employees. Seller agrees, on behalf of itself and its Affiliates, that without the prior written consent of Buyer, it will not (i) solicit for employment any Tier II or Tier III Transferred Employees (as such terms are used in the severance policy attached as Schedule 6.2(c)) for a period of one year from the Closing Date or (ii) hire any Tier I Transferred Employees for a period of two years from the Closing Date; provided that these restrictions shall not apply to general advertisements or similar solicitations that are not targeted to the Transferred Employees or to Transferred Employees who are no longer employed by Buyer or its Affiliates.
Non-Solicitation of Transferred Employees. During the Restricted Period, neither the Seller nor the Seller Parent shall, and each of them shall cause their respective Affiliates not to, on its own behalf or on behalf of, or together with, any other Person, directly or indirectly, in any capacity whatsoever (including by or through a Connected Person):
(a) employ, offer employment to, solicit the employment of, induce to perform services, or otherwise entice away from the employment of the Purchaser, any of the Transferred Employees;
(b) assist any Person to employ, offer employment to, solicit the employment of, induce to perform services, or otherwise entice away from the employment of the Purchaser, any of the Transferred Employees; or
(c) take any other action that is intended to persuade any Transferred Employee to leave the employ of the Purchaser.
Non-Solicitation of Transferred Employees. Until the second (2nd) anniversary of the Closing Date, Seller shall not, and shall cause its Affiliates not to, directly or indirectly, for its own account or for the account of any other Person, solicit, recruit, attempt to hire or rehire any Transferred Employee, provided, however, that nothing herein shall prevent Seller or its Affiliates from making any general solicitation for employment through advertisements or other means not specifically directed toward any of the Transferred Employees.
Non-Solicitation of Transferred Employees. Seller agrees that, during the Restricted Period, it shall not, and shall cause it stockholders (including Xxxxx Xxxxxxxx) not to: (i) induce any Transferred Employee employed by Buyer or any of its stockholders after the Closing Date to leave such employment or (ii) hire or employ or attempt to hire or employ any such Transferred Employee in any capacity; except, the foregoing restrictions shall not apply to any such Transferred Employee who has been terminated by Buyer prior to commencement of employment discussions.
Non-Solicitation of Transferred Employees. Until the first (1st) anniversary of the Closing Date, each BHP Billiton Party agrees that it will not, and will cause its subsidiaries and its and its subsidiaries' respective officers, directors, employees and representatives to not, solicit, hire or engage the services of any Transferred Employee, or persuade or attempt to persuade any Transferred Employee to terminate his or her employment with BCDC, provided that the foregoing restrictions shall not apply to general solicitations of employment not specifically directed at the Transferred Employees nor to hiring Transferred Employees as a result of such general solicitation. If Closing occurs, this Section 8.13 shall survive the termination of this Agreement.
Non-Solicitation of Transferred Employees. (a) None of Seller, any of its representatives or any of its Affiliates will at any time prior to the fifth anniversary of the Closing Date hereof, directly or indirectly, solicit, encourage or take any other action which is intended to induce or encourage, or has the effect or inducing or encouraging, the employment of any Transferred Employee without Buyer’s prior written consent.
(b) None of Buyer, any of its representatives or any of its Affiliates will at any time prior to the first anniversary of the Closing Date hereof, directly or indirectly, solicit, encourage or take any other action which is intended to induce or encourage, or has the effect or inducing or encouraging, the employment of any employee of Seller that is not a Business Employee without Buyer’s prior written consent.
Non-Solicitation of Transferred Employees. Until [****], Seller shall not, and shall cause its Affiliates not to, directly or indirectly, for its own account or for the account of any other Person, solicit, recruit, attempt to hire or hire any Transferred Employee, provided, however, that nothing herein shall prevent Seller or its Affiliates from (a) soliciting, recruiting, attempting to hire or hiring any Transferred Employee whose employment with Purchaser or one of its Affiliates has terminated prior to commencement of any employment discussions between Seller or its Affiliates and such Transferred Employee or (b) making any general solicitation for employment through advertisements or other means not specifically directed toward any of the Transferred Employees; provided, further, that informal communications between any Transferred Employee and any employee of Seller or its Affiliates shall not constitute a breach of this Section 7.06.
